C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 208—PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL › Subpart A—Asylum and Withholding of Removal

8 C.F.R. § 208.24

Termination of asylum or withholding of removal or deportation

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(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]
Notes of Decisions
Cited in 45 cases (6 in the last 5 years), 1993–2025 · leading case: Shi Liang Lin v. United States Dep't of Just., 494 F.3d 296 (2d Cir. 2007).
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Shi Liang Lin v. United States Dep't of Just., 494 F.3d 296 (2d Cir. 2007). · cites it 4× “" 8 C.F.R. § 208.24 (b)(1) (emphasis added).”
A-s-j, 25 I. & N. Dec. 893 (BIA 2012). · cites it 25× “Department of Justice Executive Office for Immigration Review Board of Immigration Appeals An Immigration Judge lacks jurisdiction to review the termination of an alien’s asylum status by the Department of Homeland Security pursuant to 8 C.F.R. § 208.24 (a) (2007). FOR…”
Mikhail Pechenkov v. Eric H. Holder Jr., 705 F.3d 444 (9th Cir. 2012). · cites it 5× “” The panel upheld the revocation of Pechenkov’s asylee status pursuant to 8 C.F.R. § 208.24 (a)(2), also due to his conviction, and denied Pechenkov’s constitutional challenge to the provisions precluding adjustment of status after his asylee status was revoked.”
Elen Grigoryan v. William Barr, 959 F.3d 1233 (9th Cir. 2020). · cites it 3× “Nijjar and Reopening of Proceedings Shortly after the BIA’s decision, we held in Nijjar that the regulations authorizing USCIS to terminate asylum, 8 C.F.R. §§ 208.24 (a), 1208.24(a), “are ultra vires because the governing statute, 8 U.”
Qureshi v. Holder, 663 F.3d 778 (5th Cir. 2011). · cites it 5× “; see also 8 C.F.R. § 208.24 (a)(1), (2). Under the “persecutor bar,” an alien who “ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion” is…”
Judith Phuobong Ntangsi v. Alberto Gonzales, Attorney Gen. of the United States of Am., 475 F.3d 1007 (8th Cir. 2007). · cites it 7× “8 C.F.R. § 208.24 (f). Under that regulation and its related statute, 8 U.”
J-s, 24 I. & N. Dec. 520 (BIA 2008). · cites it 2× “political opinion in the country from which deportation or removal was withheld ’” (quoting 8 C.F.R. § 208.24 (b)(1))). Specifically, just as courts have concluded that a “change in United States asylum law does not qualify as a ‘change in circumstances’ sufficient to reopen an…”
Putu Indrawati v. U.S. Attorney Gen., 779 F.3d 1284 (11th Cir. 2015). · cites it 2× “The USCIS therefore terminated Indrawati’s asylum, pursuant to 8 C.F.R. § 208.24 (a)(1), 8 on October 2, 2008.”
Nijjar v. Holder, 689 F.3d 1077 (9th Cir. 2012). · cites it 5× “There are two regulations addressing the termination of asylum status, 8 C.F.R. §§ 208.24 and 1208.24. The latter, a duplication of the former, was promulgated by the Department of Justice on February 28, 2003, one day before the INS ceased to exist, since with the creation of…”
Ibrahim Bare v. William Barr, 975 F.3d 952 (9th Cir. 2020). “8 C.F.R. §§ 208.24 (f), 1208.24(f). The USCIS may make a motion to an IJ to have a case reopened.”
BHARGAVA v. Attorney Gen. of US, 611 F.3d 168 (3rd Cir. 2010). · cites it 8× “8 C.F.R. § 208.24 (a)(1) provides that “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 .”
Lucaj v. Dedvukaj, 749 F. Supp. 2d 601 (E.D. Mich. 2010). · cites it 3× “8 C.F.R. § 208.24 (e) states, “When an alien’s asylum status .”
Show all 45 citing cases →
— 8 C.F.R. § 208.24(a) — 3 cases
A-s-j, 25 I. & N. Dec. 893 (BIA 2012). “Department of Justice Executive Office for Immigration Review Board of Immigration Appeals An Immigration Judge lacks jurisdiction to review the termination of an alien’s asylum status by the Department of Homeland Security pursuant to 8 C.F.R. § 208.24 (a) (2007). FOR…”
Wang Zong Xiao v. Reno, 81 F.3d 808 (9th Cir. 1996).
96 Cal. Daily Op. Serv. 2570, 96 Daily Journal D.A.R. 4282 Wang Zong Xiao v. Janet Reno, in Her Capacity as Attorney Gen. of the United States Michael J. Yamaguchi, in His Capacity as United States Attorney for the N. Dist. of California Reginald L. Boyd, in His Capacity as United States Marshal for the N. Dist. of California Doris Meissner, in Her Capacity as Comm'r of the Immigr. & Naturalization Serv., & David Ilchert, in His Capacity as Dist. Dir. for the Immigr. & Naturalization Serv., 81 F.3d 808 (9th Cir. 1996).
— 8 C.F.R. § 208.24(a)(2) — 1 case
Tagoe v. Ashcroft, 108 F. App'x 597 (10th Cir. 2004).
— 8 C.F.R. § 208.24(d) — 1 case
Singh v. Holder, 488 F. App'x 476 (2d Cir. 2012).
— 8 C.F.R. § 208.24(e) — 1 case
Singh v. Napolitano, 819 F. Supp. 2d 200 (W.D.N.Y. 2011).
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