First you must understand that an asylum application by a person out of status cannot be denied by
the asylum officer in an affirmative petition. If the asylum officer chooses not to approve the application,
the officer may only refer the case to an immigration court for removal proceedings. Only in the removal
proceedings before the immigration court can the applicant be denied asylum. If such denial is made, the
alien will be ordered removed from the U.S. Of course, an appeal can be made to such a determination.