[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1208.24]

[Page 867-868]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER V--EXECUTIVE OFFICE OF IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE
 
PART 1208_PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL--Table of 
Contents
 
               Subpart A_Asylum and Withholding of Removal
 
Sec. 1208.24  Termination of asylum or withholding of removal or 
deportation.

    (a) Termination of asylum by the Service. Except as provided in 
paragraph (e) of this section, an asylum officer may terminate a grant 
of asylum made under the jurisdiction of an asylum officer or a district 
director if following an interview, the asylum officer determines that:
    (1) There is a showing of fraud in the alien's application such that 
he or she was not eligible for asylum at the time it was granted;
    (2) As to applications filed on or after April 1, 1997, one or more 
of the conditions described in section 208(c)(2) of the Act exist; or
    (3) As to applications filed before April 1, 1997, the alien no 
longer has a well-founded fear of persecution upon return due to a 
change of country conditions in the alien's country of nationality or 
habitual residence or the alien has committed any act that would have 
been grounds for denial of asylum under Sec. 1208.13(c)(2).
    (b) Termination of withholding of deportation or removal by the 
Service. Except as provided in paragraph (e) of this section, an asylum 
officer may terminate a grant of withholding of deportation or removal 
made under the jurisdiction of an asylum officer or a district director 
if the asylum officer determines, following an interview, that:
    (1) The alien is no longer entitled to withholding of deportation or 
removal because, owing to a fundamental change in circumstances relating 
to the original claim, the alien's life or freedom no longer would be 
threatened on account of race, religion, nationality, membership in a 
particular social group, or political opinion in the country from which 
deportation or removal was withheld.
    (2) There is a showing of fraud in the alien's application such that 
the alien was not eligible for withholding of removal at the time it was 
granted;
    (3) The alien has committed any other act that would have been 
grounds for denial of withholding of removal under section 241(b)(3)(B) 
of the Act had it occurred prior to the grant of withholding of removal; 
or
    (4) For applications filed in proceedings commenced before April 1, 
1997, the alien has committed any act that would have been grounds for 
denial of withholding of deportation under section 243(h)(2) of the Act.
    (c) Procedure. Prior to the termination of a grant of asylum or 
withholding of deportation or removal, the alien shall be given notice 
of intent to terminate, with the reasons therefor, at least 30 days 
prior to the interview specified in paragraph (a) of this section before 
an asylum officer. The alien shall be provided the opportunity to 
present evidence showing that he or she is still eligible for asylum or 
withholding of deportation or removal. If the asylum officer determines 
that the alien is no longer eligible for asylum or withholding of 
deportation or removal, the alien shall be given written notice

[[Page 868]]

that asylum status or withholding of deportation or removal and any 
employment authorization issued pursuant thereto, are terminated.
    (d) Termination of derivative status. The termination of asylum 
status for a person who was the principal applicant shall result in 
termination of the asylum status of a spouse or child whose status was 
based on the asylum application of the principal. Such termination shall 
not preclude the spouse or child of such alien from separately asserting 
an asylum or withholding of deportation or removal claim.
    (e) Removal proceedings. When an alien's asylum status or 
withholding of removal or deportation is terminated under this section, 
the Service shall initiate removal proceedings, as appropriate, if the 
alien is not already in exclusion, deportation, or removal proceedings. 
Removal proceedings may take place in conjunction with a termination 
hearing scheduled under Sec. 1208.24(f).
    (f) Termination of asylum, or withholding of deportation or removal, 
by an immigration judge or the Board of Immigration Appeals. An 
immigration judge or the Board of Immigration Appeals may reopen a case 
pursuant to Sec. 3.2 or Sec. 3.23 of this chapter for the purpose of 
terminating a grant of asylum, or a withholding of deportation or 
removal. In such a reopened proceeding, the Service must establish, by a 
preponderance of evidence, one or more of the grounds set forth in 
paragraphs (a) or (b) of this section. In addition, an immigration judge 
may terminate a grant of asylum, or a withholding of deportation or 
removal, made under the jurisdiction of the Service at any time after 
the alien has been provided a notice of intent to terminate by the 
Service. Any termination under this paragraph may occur in conjunction 
with an exclusion, deportation, or removal proceeding.
    (g) Termination of asylum for arriving aliens. If the Service 
determines that an applicant for admission who had previously been 
granted asylum in the United States falls within conditions set forth in 
Sec. 1208.24 and is inadmissible, the Service shall issue a notice of 
intent to terminate asylum and initiate removal proceedings under 
section 240 of the Act. The alien shall present his or her response to 
the intent to terminate during proceedings before the immigration judge.

[62 FR 10337, Mar. 6, 1997. Redesignated at 64 FR 8490, Feb. 19, 1999 
and futher redesignated and amended at 65 FR 76136, Dec. 6, 2000]