In making a determination as to an alien's entitlement to the status of refugee at time of entry, the District shall be guided by the definition of refugee as contained in 101(a)(42) of the Act.

Should the District Director determine that an alien was not entitled to refugee status at time of admission, he/she shall notify the alien in writing of the intent to terminate the refugee status. The alien will be informed that he/she has 30 days to present countervailing evidence as to why refugee status should not be terminated. A control system is to be established so that in 30 days the case will be reviewed for a final determination. Provisions may also be made to allow for a personal interview, i f the alien so desires, prior to a final determination by the District Director. If after consideration of all the evidence, the District Director determine that the alien was not entitled to refugee status at time of admission, he/she shall notify the alien in writing, that his/her refugee status has been terminated, and that no appeal lies from the District Director's decision. The alien shall also be informed that the termination of refugee status does not preclude his/her seeking other benefits under the Immigration and Nationality Act, for which he/she is eligible.