; (B) may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for certified agricultural worker status; (C) may not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) ); and (D) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )). (6) Withdrawal of application The Secretary shall, upon receipt of a request from the applicant to withdraw an application for certified agricultural worker status under this subtitle, cease processing of the application, and close the case. Withdrawal of the application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act or under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (7) Processing fee A principal alien, his or her spouse, or his or her child who submits an application for certified agricultural worker states under this subtitle shall pay a $250 processing fee, which shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ). (d) Adjudication and decision (1) In general Subject to section 123, the Secretary shall render a decision on an application for certified agricultural worker status not later than 180 days after the date the application is filed. (2) Notice Before denying an application for certified agricultural worker status, the Secretary shall provide the alien with— (A) written notice that describes the basis for ineligibility or the deficiencies in the evidence submitted