Aliens and Nationality. Part1240:Proceedings to determine removability of aliens in the united states. Section1240.33:Applications for asylum or withholding of deportation.
(a) If the alien expresses fear of persecution or harm upon return to his or her country of origin or to a country to which the alien may be deported after a determination of excludability from the United States pursuant to this subpart, and the alien has not been referred to the immigration judge by an asylum officer in accordance with § 1208.14(b) of this chapter, the immigration judge shall.