Browse Arkansas Code titles and sections
5-73-108. Criminal acts involving explosives.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-73-108. Criminal acts involving explosives.
(a)(1) A person commits the offense of criminal possession of explosive material or a destructive device if the person:
(A) Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and
(B) Either:
(i) Has the purpose of using that explosive material or destructive device to commit an offense; or
(ii) Knows or should know that another person intends to use that explosive material or destructive device to commit an offense.
(2) Criminal possession of explosive material or a destructive device is a Class B felony.
(b)(1) A person commits the offense of criminal distribution of explosive material if he or she knowingly distributes explosive material to any individual who:
(A) Has pleaded guilty or nolo contendere to or been found guilty of a crime in state or federal court punishable by imprisonment for a term exceeding one (1) year;
(B) Is a fugitive from justice;
(C) Is an unlawful user of or addicted to any controlled substance;
(D) Has been adjudicated as having a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect;
(E) Is under twenty-one (21) years of age;
(F) Is an alien, other than an alien who is:
(i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20), as it existed on January 1, 2009;
(ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157, as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158, as it existed on January 1, 2009, and either:
(a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 18 U.S.C. § 842, enter
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-73-108
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9ff3b2fcdbd1381b80aceb323477089f4ce525ac09c0d3822f1f1b91a2e572a9
Source location: content.xml paragraph 30013
Stored source content
5-73-108. Criminal acts involving explosives.
(a)(1) A person commits the offense of criminal possession of explosive material or a destructive device if the person:
(A) Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and
(B) Either:
(i) Has the purpose of using that explosive material or destructive device to commit an offense; or
(ii) Knows or should know that another person intends to use that explosive material or destructive device to commit an offense.
(2) Criminal possession of explosive material or a destructive device is a Class B felony.
(b)(1) A person commits the offense of criminal distribution of explosive material if he or she knowingly distributes explosive material to any individual who:
(A) Has pleaded guilty or nolo contendere to or been found guilty of a crime in state or federal court punishable by imprisonment for a term exceeding one (1) year;
(B) Is a fugitive from justice;
(C) Is an unlawful user of or addicted to any controlled substance;
(D) Has been adjudicated as having a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect;
(E) Is under twenty-one (21) years of age;
(F) Is an alien, other than an alien who is:
(i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20), as it existed on January 1, 2009;
(ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157, as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158, as it existed on January 1, 2009, and either:
(a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 18 U.S.C. § 842, entering the United States on official law enforcement business, and the distribution of explosive material is in furtherance of this official law enforcement business; or
(b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 18 U.S.C. § 843, as it existed on January 1, 2009, and the distribution of explosive material is in furtherance of the person's power;
(iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 18 U.S.C. § 842, who is present in the United States under military orders for training or other military purpose authorized by the United States, and the distribution of explosive material is in furtherance of the military orders for training or authorized military purpose; or
(iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the distribution of explosive material is in furtherance of the cooperation;
(G) Has been dishonorably discharged from any branch of the United States Armed Forces; or
(H) Has renounced his or her United States citizenship.
(2) Criminal distribution of explosive material is a Class C felony.
(c)(1) A person commits the offense of possession of stolen explosive material if he or she:
(A) Receives, possesses, transports, ships, conceals, stores, barters, sells, disposes of, or pledges or accepts as security for a loan any stolen explosive materials; and
(B) Knows or has reasonable cause to believe that the explosive material was stolen.
(2) Possession of stolen explosive material is a Class C felony.
(d)(1) A person commits the offense of unlawful receipt or possession of an explosive material if the person receives or possesses explosive material and:
(A) Has pleaded guilty or nolo contendere to or has been found guilty in any state or federal court of a crime punishable by imprisonment for a term exceeding one (1) year;
(B) Is a fugitive from justice;
(C) Is an unlawful user of or addicted to any controlled substance;
(D) Has been adjudicated to have a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect;
(E) Is under twenty-one (21) years of age;
(F) Is an alien, other than an alien who is:
(i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20), as it existed on January 1, 2009; or
(ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157, as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158, as it existed on January 1, 2009, and either:
(a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 18 U.S.C. § 842, entering the United States on official law enforcement business, and the receipt or possession of the explosive material is in furtherance of this official law enforcement business; or
(b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 18 U.S.C. § 843, as it existed on January 1, 2009, and the receipt or possession of the explosive material is in furtherance of the person's power;
(iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 18 U.S.C. § 842, who is present in the United States under military orders for training or other military purpose authorized by the United States, and the receipt or possession of the explosive material is in furtherance of the military orders for training or authorized military purpose; or
(iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation;
(G) Has been dishonorably discharged from any branch of the United States Armed Forces; or
(H) Has renounced his or her United States citizenship.
(2) Unlawful receipt or possession of explosive material is a Class C felony.
(3) It is a defense to prosecution under this subsection if at the time of the receiving or possessing the explosive material the person was acting within the scope of his or her employment with a business authorized to use explosive material.
(e) It is a Class A misdemeanor for any person to store any explosive material in a manner not in conformity with the Arkansas Fire Prevention Code.
(f) A person who commits theft of any explosive material with the purpose to cause harm to a person or property is guilty of a Class B felony.
(g) Any explosive material determined to be contraband is subject to seizure by a law enforcement officer and to being destroyed in conformity with the Arkansas Fire Prevention Code.
(h) As used in this section, “alien” means a person who is not a citizen or national of the United States.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** It shall be unlawful for any person—
(1) to engage in the business of importing, manufacturing, or dealing in explosive materials without a license issued under this chapter;
(2) knowingly to withhold information or to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the provisions of this chapter;
(3) other than a licensee or permittee knowingly—
(A) to transport, ship, cause to be transported, or receive any explosive materials; or
(B) to distribute explosive materials to any person other than a licensee or permittee; or
(4) who is a holder of a limited permit—
(A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials; or
(B) to receive explosive materials from a licensee or permittee, whose premises are located outside the State of residence of the limited permit holder, or on more than 6 separate occasions, during the period of the permit, to receive explosive materials from 1 or more licensees or permittees whose premises are located within the State of residence of the limited permit holder.
**(b)** It shall be unlawful for any licensee or permittee to knowingly distribute any explosive materials to any person other than—
(1) a licensee;
(2) a holder of a user permit; or
(3) a holder of a limited permit who is a resident of the State where distribution is made and in which the premises of the transferor are located.
**(c)** It shall be unlawful for any licensee to distribute explosive materials to any person who the licensee has reason to believe i
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 842
Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 842. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 197
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 842
of smokeless and black powder and report two years
after Sept. 30, 1996.
CONGRESSIONAL DECLARATION OF PURPOSE
Pub. L. 91–452, title XI, § 1101, Oct. 15, 1970, 84 Stat.
952, provided that: ‘‘The Congress hereby declares that
the purpose of this title [enacting this chapter amend-
ing section 2516 of this title, repealing section 837 of
this title and sections 121 to 144 of Title 50, War and Na-
tional Defense, and enacting provisions set out as notes
under this section] is to protect interstate and foreign
commerce against interference and interruption by re-
ducing the hazard to persons and property arising from
misuse and unsafe or insecure storage of explosive ma-
terials. It is not the purpose of this title to place any
undue or unnecessary Federal restrictions or burdens
on law-abiding citizens with respect to the acquisition,
possession, storage, or use of explosive materials for in-
dustrial, mining, agricultural, or other lawful purposes,
or to provide for the imposition by Federal regulations
of any procedures or requirements other than those
reasonably necessary to implement and effectuate the
provisions of this title.’’
MODIFICATION OF OTHER PROVISIONS
Pub. L. 91–452, title XI, § 1104, Oct. 15, 1970, 84 Stat.
959, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095, provided that: ‘‘Nothing in this title [enact-
ing this chapter, amending section 2516 of this title, re-
pealing section 837 of this title and sections 121 to 144
of Title 50, War and National Defense, and enacting
provisions set out as notes under this section] shall be
construed as modifying or affecting any provision of—
‘‘(a) The National Firearms Act (chapter 53 of the
Internal Revenue Code of 1986);
‘‘
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 842
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 842. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An application for a user permit or limited permit or a license to import, manufacture, or deal in explosive materials shall be in such form and contain such information as the Attorney General shall by regulation prescribe, including the names of and appropriate identifying information regarding all employees who will be authorized by the applicant to possess explosive materials, as well as fingerprints and a photograph of each responsible person. Each applicant for a license or permit shall pay a fee to be charged as set by the Attorney General, said fee not to exceed $50 for a limited permit and $200 for any other license or permit. Each license or user permit shall be valid for not longer than 3 years from the date of issuance and each limited permit shall be valid for not longer than 1 year from the date of issuance. Each license or permit shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit, and upon payment of a renewal fee not to exceed one-half of the original fee.
**(b)** Upon the filing of a proper application and payment of the prescribed fee, and subject to the provisions of this chapter and other applicable laws, the Attorney General shall issue to such applicant the appropriate license or permit if—
(1) the applicant (or, if the applicant is a corporation, partnership, or association, each responsible person with respect to the applicant) is not a person described in section 842(i);
(2) the applicant has not willfully violated any of the provisions of this chapter or regulations issued hereunder;
(3) the applicant has in a State premises from which he conducts or intends to conduct business;
(4)
(A) the Secretary 11 So in original. Probably should be “Attorney General”. verifies
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 843
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Federal law — U.S. Code and appendices · legal_authorities
Page 201
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 843
1 So in original. Probably should be ‘‘Attorney General’’.
2 So in original. Probably should be ‘‘Attorney General’s’’.
§ 843. Licenses and user permits
(a) An application for a user permit or limited
permit or a license to import, manufacture, or
deal in explosive materials shall be in such form
and contain such information as the Attorney
General shall by regulation prescribe, including
the names of and appropriate identifying infor-
mation regarding all employees who will be au-
thorized by the applicant to possess explosive
materials, as well as fingerprints and a photo-
graph of each responsible person. Each applicant
for a license or permit shall pay a fee to be
charged as set by the Attorney General, said fee
not to exceed $50 for a limited permit and $200
for any other license or permit. Each license or
user permit shall be valid for not longer than 3
years from the date of issuance and each limited
permit shall be valid for not longer than 1 year
from the date of issuance. Each license or per-
mit shall be renewable upon the same conditions
and subject to the same restrictions as the origi-
nal license or permit, and upon payment of a re-
newal fee not to exceed one-half of the original
fee.
(b) Upon the filing of a proper application and
payment of the prescribed fee, and subject to the
provisions of this chapter and other applicable
laws, the Attorney General shall issue to such
applicant the appropriate license or permit if—
(1) the applicant (or, if the applicant is a
corporation, partnership, or association, each
responsible person with respect to the appli-
cant) is not a person described in section
842(i);
(2) the applicant has not willfully violated
any of the provisions
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 843
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 843. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 16
TITLE 8—ALIENS AND NATIONALITY
§ 1101
Sec.
1484 to 1487. Repealed.
1488.
Nationality lost solely from performance of
acts or fulfillment of conditions.
1489.
Application of treaties; exceptions.
PART IV—MISCELLANEOUS
1501.
Certificate of diplomatic or consular officer
of United States as to loss of American na-
tionality.
1502.
Certificate of nationality issued by Secretary
of State for person not a naturalized citizen
of United States for use in proceedings of a
foreign state.
1503.
Denial of rights and privileges as national.
1504.
Cancellation of United States passports and
Consular Reports of Birth.
SUBCHAPTER IV—REFUGEE ASSISTANCE
1521.
Office of Refugee Resettlement; establish-
ment; appointment of Director; functions.
1522.
Authorization for programs for domestic re-
settlement of and assistance to refugees.
1523.
Congressional reports.
1524.
Authorization of appropriations.
1525.
Repealed.
SUBCHAPTER V—ALIEN TERRORIST REMOVAL
PROCEDURES
1531.
Definitions.
1532.
Establishment of removal court.
1533.
Removal court procedure.
1534.
Removal hearing.
1535.
Appeals.
1536.
Custody and release pending removal hearing.
1537.
Custody and release after removal hearing.
SUBCHAPTER I—GENERAL PROVISIONS
§ 1101. Definitions
(a) As used in this chapter—
(1) The term ‘‘administrator’’ means the offi-
cial designated by the Secretary of State pursu-
ant to section 1104(b) of this title.
(2) The term ‘‘advocates’’ includes, but is not
limited to, advises, recommends, furthers by
overt act, and admits belief in.
(3) The term ‘‘alien’’ means any person not a
citizen or national of the United States.
(4) The term ‘‘application for admission’’ has
reference to the application for admission into
the United States and not
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Maximum number of admissions; increases for humanitarian concerns; allocations**
(1) Except as provided in subsection (b), the number of refugees who may be admitted under this section in fiscal year 1980, 1981, or 1982, may not exceed fifty thousand unless the President determines, before the beginning of the fiscal year and after appropriate consultation (as defined in subsection (e)), that admission of a specific number of refugees in excess of such number is justified by humanitarian concerns or is otherwise in the national interest.
(2) Except as provided in subsection (b), the number of refugees who may be admitted under this section in any fiscal year after fiscal year 1982 shall be such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest.
(3) Admissions under this subsection shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after appropriate consultation.
(4) In the determination made under this subsection for each fiscal year (beginning with fiscal year 1992), the President shall enumerate, with the respective number of refugees so determined, the number of aliens who were granted asylum in the previous year.
**(b) Determinations by President respecting number of admissions for humanitarian concerns** If the President determines, after appropriate consultation, that (1) an unforeseen emergency refugee situation exists, (2) the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian concerns or is otherwise in the national interest, and (3) the admission to the United
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1157
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1157. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 132
TITLE 8—ALIENS AND NATIONALITY
§ 1156
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective, with certain
transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104–208, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
§ 1156. Unused immigrant visas
If an immigrant having an immigrant visa is
denied admission to the United States and re-
moved, or does not apply for admission before
the expiration of the validity of his visa, or if an
alien having an immigrant visa issued to him as
a preference immigrant is found not to be a pref-
erence immigrant, an immigrant visa or a pref-
erence immigrant visa, as the case may be, may
be issued in lieu thereof to another qualified
alien.
(June 27, 1952, ch. 477, title II, ch. 1, § 206, 66 Stat.
181; Pub. L. 89–236, § 6, Oct. 3, 1965, 79 Stat. 916;
Pub. L. 104–208, div. C, title III, § 308(d)(4)(D),
Sept. 30, 1996, 110 Stat. 3009–618.)
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–208 substituted ‘‘denied admission to
the United States and removed’’ for ‘‘excluded from ad-
mission to the United States and deported’’.
1965—Pub. L. 89–236 substituted provisions allowing
immigrant visas or preference immigrant visas to be
issued to another qualified alien in lieu of immigrants
excluded or deported, immigrants failing to apply for
admission, or immigrants found not to be preference
immigrants, for provisions relating to revocation of ap-
proval of petitions which, with minor amendments,
were transferred to section 1155 of this ti
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1157
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1157. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to apply for asylum**
(1) **In general** — Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, [section 1225(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b&num=0&edition=prelim).
(2) **Exceptions**
(A) *Safe third country* — Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.
(B) *Time limit* — Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.
(C) *Previous asylum applications* — Subject to subparagraph (D), paragraph (1) shall not apply to an alien if the alien has previously applied for
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1158
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1158. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 145
TITLE 8—ALIENS AND NATIONALITY
§ 1158
Presidential Determination No. 88–16, May 20, 1988, 53
F.R. 21405.
Presidential Determination No. 88–01, Oct. 5, 1987, 52
F.R. 42073.
Presidential Determination No. 87–1, Oct. 17, 1986, 51
F.R. 39637.
Presidential Determination No. 83–2, Oct. 11, 1982, 47
F.R. 46483.
Presidential Determination No. 82–1, Oct. 10, 1981, 46
F.R. 55233.
Presidential Determination No. 80–28, Sept. 30, 1980,
45 F.R. 68365.
§ 1158. Asylum
(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the
United States or who arrives in the United
States (whether or not at a designated port of
arrival and including an alien who is brought
to the United States after having been inter-
dicted in international or United States wa-
ters), irrespective of such alien’s status, may
apply for asylum in accordance with this sec-
tion or, where applicable, section 1225(b) of
this title.
(2) Exceptions
(A) Safe third country
Paragraph (1) shall not apply to an alien if
the Attorney General determines that the
alien may be removed, pursuant to a bilat-
eral or multilateral agreement, to a country
(other than the country of the alien’s na-
tionality or, in the case of an alien having
no nationality, the country of the alien’s
last habitual residence) in which the alien’s
life or freedom would not be threatened on
account of race, religion, nationality, mem-
bership in a particular social group, or polit-
ical opinion, and where the alien would have
access to a full and fair procedure for deter-
mining a claim to asylum or equivalent tem-
porary protection, unless the Attorney Gen-
eral finds that it is in the public interest for
the alien to receive asylum in the United
States.
(B) Time limit
Subject
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1158
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1158. This identifies an authority to review, not proof of applicability.