United States Second Circuit

Petition for review challenging finding that petitioner knowingly made a frivolous application for asylum, even though she withdrew the application before the IJ made a final determination, is granted and case is remanded to the BIA to clarify whether she is properly subject to the frivolousness bar.

Appellate Information

• Decided 02/01/2008
• Published 02/01/2008

Judges

• FEINBERG, Circuit Judge:, Before:  FEINBERG, SOTOMAYOR, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• H. Raymond Fasano, Madeo & Fasano, New York, NY, for Petitioner.


• For Appellees:
  
• R. Alexander Goring, Office of Immigration Litigation, Civil Division (Alice H. Martin, United States Attorney for the Northern District of Alabama;  Jenny L. Smith, Assistant United States Attorney, on the brief), for Respondent.