United States Eleventh Circuit

Denial of asylum application is affirmed, but determination that asylum application was frivolous and the BIA's denial of motion to repopen proceedings are reversed where: 1) IJ failed to find material elements of petitioner's asylum application were deliberately fabricated; and 2) 8 C.F.R. section 1245.1(c)(8), which prohibits petitioner from applying for change of status as an arriving alien in removal proceedings, is invalid.

Appellate Information

• Decided 04/13/2006
• Published 04/13/2006

Judges

• BLACK, Circuit Judge:, Before BLACK, HULL and FARRIS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Robert Scott Oswald, Noto & Oswald, P.C., Washington, DC, for Scheerer.


• For Appellees:
  
• Russell J.E. Verby, David V. Bernal, S. Nicole Nardone, U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.