Similarly, in section 240, an IJ first decides whether the foreigner is inadmissible or can be deported. See INA 240 (c) (2) (3), 8 U.S.C. 1229a (c) (2) – (3); 8 CFR 1240.8 (a) – (c). If the IJ finds that the foreigner is prohibited or deported, then the foreigner bears the burden of proving that he or she should be granted some form of exemption or protection against deportation – for example, asylum.B. See INA 240 (c) (4), 8 U.S.C. 1229a (c) (4); 8 CFR 1240.8 (d). If the foreigner does, the IJ grants the exemption or protection to the request of the foreigner; Otherwise, the IJ orders the withdrawal from abroad, subject to possible verification by the Board of Immigration Appeals (“BIA”) and a federal appeals court. See INA 240 (c) (1), (5), 8 U.S.C 1229a (c) (1), (5); INA 242, 8 U.S.C. 1252; 8 CFR 1003.1 (b) (3), 1240.1 (a) (1).  Sofia Menchu, “New Guatemalan Government Won`t Cancel US Asylum Deal,” Reuters, January 22, 2020, www.reuters.com/article/us-usa-immigration-guatemala/new-guatemalan-government-wont-cancel-u-s-asylum-deal-idUSKBN1ZL2LA. (7) When an immigration officer has first established a finding that a foreigner, with a foreigner other than a foreigner described in paragraph e) 6 of this section, regardless of whether or not a foreigner arrives in a port of entry, is subject to the provisions of an agreement approved pursuant to Section 208, point (a) (a) (a) (A) of the Act, and requests removal from the foreigner in accordance with this provision, before deciding whether the foreigner has a credible fear of persecution or torture, the asylum officer conducts a threshold screening interview to determine whether the foreigner is not is not authorized to seek asylum in the United States and is sealed in a country (“host country”) that has signed the applicable agreement approved under Section 208 A (a) (a) of the Act. , with The View to Earth of the U.S.-Canada Agreement, which came into effect in 2004. In conducting this threshold screening interview, the Asylum Officer applies all the procedures described at point (d) of this section for the 64009 printed start-up pages, except that paragraphs (d) (2) and (4) of this section do not apply to foreigners described in this paragraph (e) (7).
The asylum officer informs the foreigner of the exceptions to the applicable convention and questions the application of one of these exceptions in the case of a foreigner. The foreigner must state in writing that the foreigner is afraid of being deported for a protected reason or that he has been tortured because of the likelihood of persecution on the basis of protected soil or torture because of protected land or torture in the future host country, and determines whether the foreigner is more likely to be persecuted or tortured on the basis of protected soil in that country.