\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 208 -- PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL (Part revised effective 4/1/97; 62 FR 10312) \ § Sec. 208.20 Determining if an asylum application is frivolous. (Redesignated as § 208.20, previously § 208.19, effective 1/5/01; 65 FR 76121)(Redesignated as § 208.19 and revised effective 3/22/99; 64 FR 8478)
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§ Sec. 208.20 Determining if an asylum application is frivolous. (Redesignated as § 208.20, previously § 208.19, effective 1/5/01; 65 FR 76121 )(Redesignated as § 208.19 and revised effective 3/22/99; 64 FR 8478 )


For applications filed on or after April 1, 1997, an applicant is subject to the provisions of section 208(d)(6) of the Act only if a final order by an immigration judge or the Board of Immigration Appeals specifically finds that the alien knowingly filed a frivolous asylum application. For purposes of this section, an asylum application is frivolous if any of its material elements is deliberately fabricated. Such finding shall only be made if the immigration judge or the Board is satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to account for any discrepancies or i mplausible aspects of the claim. For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal.