Applicability
(1) Applicability. An alien who is described in 1208.13(g) and who is not described in section 3(b) of the Presidential Proclamation of June 3, 2024, as defined in 8 CFR 1208.13(h) is ineligible for asylum. (2) Exceptions. (i) This limitation on eligibility does not apply if the alien demonstrates by a preponderance of the evidence that exceptionally compelling circumstances exist, including if the alien, or the alien's family member as described in 8 CFR 208.30(c) with whom the alien is traveling, demonstrates by a preponderance of the evidence that, at the time of entry, the alien or a member of the alien's family as described in 208.30(c) with whom the alien is traveling: (A) Faced an acute medical emergency; (B) Faced an imminent and extreme threat to life or safety, such as an imminent threat of rape, kidnapping, torture, or murder; or (C) Satisfied the definition of victim of a severe form of trafficking in persons provided in 214.201 of this title. (ii) An alien who demonstrates by a preponderance of the evidence any of the circumstances in paragraph (a)(2)(i) of this section shall necessarily establish exceptionally compelling circumstances. (iii) An alien described in section 3(b) of the Presidential Proclamation of June 3, 2024, as defined in 8 CFR 1208.13(h) or who establishes exceptionally compelling circumstances under paragraph (a)(2)(i) of this section has established exceptionally compelling circumstances under 1208.33(a)(3).