§ 208.24 Termination of asylum or withholding of removal or deportation.
(a) Termination of asylum by USCIS. Except as provided in
paragraph (e) of this section, an asylum officer may terminate a grant of asylum made under the
jurisdiction of
USCIS 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
§ 208.13(c)(2).
(b) Termination of withholding of deportation or removal by USCIS. 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
USCIS 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
§ 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
8 CFR 1003.2 and
8 CFR 1003.23 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
USCIS at any time after the
alien has been provided a notice of intent to terminate by
USCIS. 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
§ 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 further redesignated and amended at
65 FR 76136, Dec. 6, 2000;
76 FR 53785, Aug. 29, 2011;
78 FR 22771, Apr. 17, 2013]