Official Website of the United States Department of Homeland Security

If a reasonable fear of persecution or torture is not found, the individual can request that an Immigration Judge review the negative decision. If no review is requested or the Immigration Judge concurs with the negative decision, the individual will be removed from the United States. If the Immigration Judge reverses the negative reasonable fear determination, the case will be referred for a full hearing on eligibility for withholding or deferral of removal only. The individual cannot appeal the Immigration Judge’s decision regarding the reasonable fear determination.

Last Reviewed/Updated: 
09/26/2008