Termination of Asylum (Part: 2)

Termination of Asylum (Part: 2)

Read part one here

Standards of Proof relating to Revocation/Termination of Asylum Status

A Notice of Intent to Terminate (NOIT), listing the ground(s) for an intended termination and also containing a summary of the evidence supporting the ground(s) must be issued to an asylee before asylum can be terminated. 

An Asylum Officer must establish a prima facie case supporting termination to issue a NOIT. 

To terminate asylee status, USCIS must establish one or more of the termination grounds in 8 C.F.R. 208.24 by a “preponderance of the evidence”. The burden of proof is information that, on its face, indicates that asylum termination may be appropriate. You do not need the higher level of evidence required to terminate asylee status.

Subsequent to the issuance of an NOIT, further information that may come to the attention of the Asylum Office may lead to a finding that there is insufficient evidence to meet the preponderance of the evidence standards required for termination of asylee status.

Where information does not meet the level required which is the level of a prima facie case in support of termination, then Asylum Office may then initiate a voluntary interview with the asylee. The Asylum Office may coordinate with ICE Investigations, Office of Fraud Detection and National Security (FDNS) where the asylee fails to cooperate. 

Where overseas information is involved, HQASM may also be called upon to gather/provide further information. (VERIFY)

Procedure for Terminating Asylum Granted by USCIS

Asylum Approval must be issued before termination proceedings may be initiated. Where asylum has been granted by EOIR, the Asylum Office does not have jurisdiction to terminate asylum.

EOIR Procedures for Terminating Asylum

Asylum or Withholding status must first be terminated before the person can be removed from US – 8 CFR 208.22

Scenarios for EOIR Termination

1. 1. If IJ granted asylum or w/h – process is initiated with Motion to Reopen.
   2. If IJ granted and case is pending at BIA, process is initiated with Motion to Remand.
   3. If DHS granted asylum, IJ may terminate grant after individual has been served with Notice of Intent to Terminate and Notice to Appear.

Motion to Reopen

1. 1. Must meet time (90 days) and numeric (1) limitations.
   2. Exceptions: 

• • • Fraud in the original proceeding 
    • Crime that would support a motion to terminate asylum.

EOIR: Burden of Proof

If fraud, must show that asylum applicant knew the statement or document was fraudulent at the time it was submitted to the IJ. See Ntangsi v. Gonzales, 475 F.3d 1007, 1012-13 (8th Cir. 2007)