8 C.F.R. § 208.22
Effect on exclusion, deportation, and removal proceedings
An alien who has been granted asylum may not be deported or removed unless his or her asylum status is terminated pursuant to § 208.24. An alien in exclusion, deportation, or removal proceedings who is granted withholding of removal or deportation, or deferral of removal, may not be deported or removed to the country to which his or her deportation or removal is ordered withheld or deferred unless the withholding order is terminated pursuant to § 208.24 or deferral is terminated pursuant to § 208.17(d) or (e).
Notes of Decisions
Cited in 17
cases (4 in the last 5 years), 1998–2026 · leading case: Brezilien v. Holder
Brezilien v. Holder (2009)
“Presumption of Well-Founded Fear Brezilien next argues that the DHS regulations pertaining to termination of asylum status — 8 C.F.R. §§ 208.22 and 208.24(g) — apply in removal proceedings, and that, absent termination of a prior grant of asylum, there is a rebuttable…”
N-M-A (1998)
“See also 8 C.F.R. § 208.22 (e) (1998) (requiring the Service to show, by a preponderance of evidence, that the regulatory requirements have been met to revoke a grant of asylum in proceedings before an Immigration Judge or this Board).”
Elzour v. Ashcroft (2004)
“” 8 C.F.R. § 208.22 . To be eligible for asylum, an alien must be a “refugee,” *1149 meaning that he or she must generally be outside his or her country of nationality and “unable or unwilling to return to .”
R-S-C v. Sessions (2017)
“Asylum status offers protection from deportation to any country, 8 C.F.R. § 208.22 , a pathway to a green card and U.”
A-S-J (2012)
“§ 1158 (c)(1)(A) (2006); 8 C.F.R. §§ 208.22 , 1208.22 (2012); cf. Matter of Smriko, 23 I&N Dec.”
Robleto-Pastora v. Holder (2009)
“, 8 C.F.R. §§ 208.22 , 208.24, 1208.22, 1208.”
N-A-I (2017)
“” See also 8 C.F.R. §§ 208.22 , 1208.22 (2017) (providing that an “alien who has been granted asylum may not be deported or removed unless his or her asylum status is terminated pursuant to” 8 C.”
Abouelmagd v. Semeniuk (2025)
“Citizenship and Immigration Services and immigration courts have over asylum applicants and 8 C.F.R. § 208.22 prohibits removal of an asylum applicant that has been granted withholding of removal or deportation or deferral of removal.”
Brezilien v. Holder (2009)
“Presumption of Well-Founded Fear [3] Brezilien next argues that the DHS regulations pertain- ing to termination of asylum status—8 C.F.R. §§ 208.22 and 208.24(g)—apply in removal proceedings, and that, absent termination of a prior grant of asylum, there is a rebuttable…”
Brezilien v. Holder (2009)
“Presumption of Well-Founded Fear [3] Brezilien next argues that the DHS regulations pertain- ing to termination of asylum status—8 C.F.R. §§ 208.22 and 208.24(g)—apply in removal proceedings, and that, absent termination of a prior grant of asylum, there is a rebuttable…”
Nadeem Ali v. William Barr, U. S. Atty Gen (2020)
“§ 1158 (c)(1); 8 C.F.R. § 208.22 . Thereafter, Ali applied to become an LPR.”
Abrego Garcia v. Noem (2025)
“8 C.F.R. §§ 208.22 , 1208.22. The withholding of removal is country- specific and more stringent than other forms of relief from deportation because once the noncitizen “establishes eligibility for withholding of removal, the grant is mandatory.”
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