United States Second Circuit

On petition for review of BIA decision affirming an immigration judge's finding that the petitioner had filed a frivolous asylum application, the petition is: 1) denied with respect to the BIA's determination that a withdrawn asylum application may serve as the basis of a frivolousness finding; and 2) granted as to the BIA's conclusion that the immigration judge lacked discretion whether to engage in a frivolousness inquiry.

Appellate Information

• Decided 02/27/2012
• Published 02/27/2012

Judges

• Katzmann

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• H. Raymind Fasano, Tiffany L. Walters