8 C.F.R. § 1208.24

Termination of asylum or withholding of removal or deportation

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(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 § 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 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 § 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 § 3.2 or § 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 § 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 further redesignated and amended at 65 FR 76136, Dec. 6, 2000]

Notes of Decisions

Cited in 53 cases (11 in the last 5 years), 2004–2026 · leading case: Ibrahim Bare v. William Barr, 975 F.3d 952 (9th Cir. 2020).

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Ibrahim Bare v. William Barr, 975 F.3d 952 (9th Cir. 2020). · cites it 4× “See 8 C.F.R. § 1208.24 (f). Bare remained an asylee until the IJ terminated his asylum.”

A-s-j, 25 I. & N. Dec. 893 (BIA 2012). · cites it 18× “This case addresses the question whether the Immigration Judge had jurisdiction under 8 C.F.R. § 1208.24 (f) (2010) to review the termination of the respondent’s asylum status by the DHS pursuant to 8 C.”

Chehazeh v. Attorney Gen. of United States, 666 F.3d 118 (3rd Cir. 2012). · cites it 4× “The government‘s motion, filed pursuant to 8 C.F.R. § 1208.24 , sought to reopen the proceedings in order to terminate Chehazeh‘s asylum and withholding of removal.”

Diallo v. Gonzales, 447 F.3d 1274 (10th Cir. 2006). · cites it 2× “Accordingly, we affirm the BIA’s termination of Diallo’s asylum status pursuant to 8 C.F.R. § 1208.24 (f), which permits the BIA to terminate a previous grant of asylum in cases of fraud.”

P-s-h, 26 I. & N. Dec. 329 (BIA 2014). · cites it 12× “Department of Justice Executive Office for Immigration Review Board of Immigration Appeals To terminate a grant of asylum pursuant to 8 C.F.R. § 1208.24 (2013), the Department of Homeland Security must establish, by a preponderance of the evidence, that (1) there was fraud in…”

K-a, 23 I. & N. Dec. 661 (BIA 2004). · cites it 3× “See 8 C.F.R. § 1208.24 (f) (2004). The DHS insists, however, that the Immigration Judge wasobliged to terminate the respondent’s asylee status prior to considering whether she was eligible for relief under section 209 of the Act.”

Sumaira Urooj v. Eric Holder, Jr., 734 F.3d 1075 (9th Cir. 2013). · cites it 4× “8 C.F.R. § 1208.24 (f). The pivotal legal question before this Panel, which we review de novo, is whether DHS can satisfy its burden through impeachment evidence only.”

Elen Grigoryan v. William Barr, 959 F.3d 1233 (9th Cir. 2020). “BARR findings, the IJ terminated not only Petitioner’s asylum status, but also that of his wife and children.”

Armando Gutierrez v. Eric Holder, Jr., 730 F.3d 900 (9th Cir. 2013). · cites it 9× “We hold that two separate proceedings are not required pursuant to 8 C.F.R. § 1208.24 (f). Ms. Gutierrez was born in Mexico in 1970 and entered the United States without permission in 1999.”

Asif Dhuka v. Eric Holder, Jr., 716 F.3d 149 (5th Cir. 2013). “See 8 C.F.R. § 1208.24 (a)(3). An adjustment of status is not contingent in that way.”

Robleto-Pastora v. Holder, 567 F.3d 437 (9th Cir. 2009). · cites it 3× “§ 1158 (c)(2)(A); 8 C.F.R. § 1208.24 (a)(3) (providing that for asylum applications filed before April 1, 1997, an asylee’s status may be terminated if the alien “no longer has a well-founded fear of persecution”).”

Joel Siwe v. Eric Holder, Jr., 742 F.3d 603 (5th Cir. 2014). “The statute, by its terms, does not provide for automatic termination of asylee status; rather, it authorizes — but does not compel — the Attorney General to act.”

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— 8 C.F.R. § 1208.24(f) — 1 case

A-s-j, 25 I. & N. Dec. 893 (BIA 2012). “This case addresses the question whether the Immigration Judge had jurisdiction under 8 C.F.R. § 1208.24 (f) (2010) to review the termination of the respondent’s asylum status by the DHS pursuant to 8 C.”

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