8 C.F.R. § 207.9
Termination of refugee status
The refugee status of any alien (and of the spouse or child of the alien) admitted to the United States under section 207 of the Act will be terminated by USCIS if the alien was not a refugee within the meaning of section 101(a)(42) of the Act at the time of admission. USCIS will notify the alien in writing of its intent to terminate the alien's refugee status. The alien will have 30 days from the date notice is served upon him or her in accordance with 8 CFR 103.8, to present written or oral evidence to show why the alien's refugee status should not be terminated. There is no appeal under this chapter I from the termination of refugee status by USCIS. Upon termination of refugee status, USCIS will process the alien under sections 235, 240, and 241 of the Act.
Notes of Decisions
Cited in 14
cases (4 in the last 5 years), 2004–2026 · leading case: Sejid Smriko v. John Ashcroft, Attorney General of the United States
Sejid Smriko v. John Ashcroft, Attorney General of the United States (2004)
“” 8 C.F.R. § 207.9 . Furthermore, the regulations indicate that “[u]pon termination of refugee status[ ] the district director shall process the alien under [the INA’s provisions for removal].”
Jama v. Department of Homeland Security (2014)
“After providing Jama with notice and an opportunity to respond, USCIS terminated Jama’s refugee status on the basis of his fraud, pursuant to 8 C.F.R. § 207.9 . USCIS also denied Jama’s pending applications for status adjustment and fraud waiver.”
Vasiliy Ostapovich Romanishyn v. Attorney General of the United States (2006)
“§ 1157 (c)(4); 8 C.F.R. § 207.9 . This is the only ground on which the INA allows termination of refugee status.”
Jama v. United States Citizenship & Immigration Services (2013)
“8 C.F.R. § 207.9 (“Upon termination of refugee status, USCIS will process the alien under sections 235, 240 and 241 of the Act.”
Sokha Sun v. John Ashcroft, Attorney General Immigration and Naturalization Service Robert Coleman, District Director of (2004)
“§§ 1157 (c)(4), 1159; 8 C.F.R. §§ 207.9 , 223.2(b)(2)(i), nor any indication that the agency in Bahta was presented with any arguments based on these provisions or on the other sources referred to by Sun.”
SMRIKO (2005)
“” 8 C.F.R. § 207.9 (2005). 839 Cite as 23 I&N Dec.”
Ilya Petrovich Gutnik v. Alberto R. Gonzales (2006)
“He contends that he continues to maintain refugee status in perpetuity because § 1101(a)(42) contains no temporal limits and the INA and subsequent regulations provide formal procedures by which the government may terminate refugee status, see § 1157(c)(4); 8 C.F.R. §§ 207.9 ,…”
Mukantagara v. United States Department of Homeland Security (2021)
“”68 The decision to terminate a refugee status is a decision to seek removal because the regulation governing refugee status termination requires USCIS to initiate removal proceedings upon termination.”
Mukantagara v. Noem (2026)
“” 3 USCIS has removed its discretion at the second step by promulgating 8 C.F.R. § 207.9 , which states that refugee status “will be terminated” if the agency determines that the noncitizen is not eligible on the first step.”
Smriko v. Atty Gen USA (2004)
“under 8 C.F.R. § 207.9 for doing so, Citing Medrano, Smriko argues that the Smriko argues that he has been improperly procedures set forth at 8 C.”
Romanishyn v. Atty Gen USA (2006)
“§1157 (c)(4); 8 C.F.R. §207.9 . This is the only ground on which the INA allows termination of refugee status.”
Doe v. Jaddou (2024)
“” 8 C.F.R. § 207.9 . Furthermore, the USCIS Policy Manual states that the “sole basis for an officer to terminate the status of a noncitizen admitted to the United States as a refugee is if the officer determin[e]s that the noncitizen was not a refugee within the meaning of the…”
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