8 C.F.R. § 208.23
Restoration of status
An alien who was maintaining his or her nonimmigrant status at the time of filing an asylum application and has such application denied may continue in or be restored to that status, if it has not expired.
Notes of Decisions
Cited in 4
cases, 2006–2011 · leading case: Genet Hailemichael v. Alberto Gonzales, Attorney Gen. of the United States of Am., 454 F.3d 878 (8th Cir. 2006).
Genet Hailemichael v. Alberto Gonzales, Attorney Gen. of the United States of Am., 454 F.3d 878 (8th Cir. 2006). “” 8 C.F.R. § 208.23 (a), (b), (e) (2000). Not every factual assertion in an applicant’s testimony or application that turns out to be incorrect will support a finding of fraud.”
Gurmit Singh v. Chris Vasquez, 448 F. App'x 776 (9th Cir. 2011). “” 8 C.F.R. § 208.23 (c) (1999). Contrary to Respondents’ argument, these procedures apply even where, as here, the agency lacked jurisdiction to grant asylum.”
Genet Hailemichael v. Alberto Gonzales (8th Cir. 2006). “” 8 C.F.R. § 208.23 (a), (b), (e) (2000). Not every factual assertion in an applicant’s testimony or application that turns out to be incorrect will support a finding of fraud.”
Singh v. Napolitano, 819 F. Supp. 2d 200 (W.D.N.Y. 2011). “Title 8 C.F.R. § 208.23 (a) (1998) uses the phrase “made under the jurisdiction of’ to distinguish between the termination procedures *214 that apply when asylum was granted by the INS and those that apply when asylum was granted by an immigration judge.”
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