; or (III) for applicants whom have not yet had removal proceedings initiated against them under section 239, to seek issuance of a notice to appear in order to pursue cancellation of removal under section 240A(b); or (ii) that any of its material elements is deliberately fabricated. (C) Limitation on determination A determination under subparagraph (B) shall only be made if the decision maker is satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to account for any discrepancies or implausible aspects of the claim. For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3). . 12. Termination of Asylum Status in Removal Proceedings Section 208(c) of the Immigration and Nationality Act ( 8 U.S.C. 1158(c) ), as amended by this Act, is further amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting the Secretary of Homeland Security or before the Attorney General ; and (B) in subparagraph (C), by striking , pursuant to a bilateral or multilateral agreement,