If an alien is in removal proceedings and has never filed an application for asylum, which entity has exclusive jurisdiction over the application?

In cases where an individual is in removal proceedings and has not previously submitted an application for asylum, the Executive Office for Immigration Review (EOIR) holds exclusive jurisdiction over asylum applications. This is because the EOIR, which includes the immigration courts, is responsible for adjudicating cases where individuals are subject to removal from the United States.

When a person is in removal proceedings, they generally have the opportunity to request relief from removal, which can include an application for asylum. Since the immigration court is part of the EOIR, it is the entity that decides matters related to the removal process and any potential applications for asylum or other relief.

In contrast, USCIS typically handles applications for asylum filed in contexts outside of removal proceedings, such as affirmative asylum applications by individuals in the U.S. who are not in removal. The Department of State does not directly adjudicate asylum cases but may play a role in the broader immigration process by providing information about asylum policies and practices abroad. Therefore, in the scenario where an alien is already in removal proceedings and has never filed an application for asylum, it is the EOIR that has exclusive jurisdiction over the matter.