[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR208.24]



[Page 161-163]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 208_PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL--Table of 

Contents

 

               Subpart A_Asylum and Withholding of Removal

 

Sec. 208.24  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



[[Page 162]]



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. 208.13(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 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. 208.24(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



[[Page 163]]



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. 208.24 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]