CA6 Finds IJ has Authority to Determine Frivolousness

Immigration Law Offices

The court finds that IJs have the authority to make a levity finding in the context of a subject of asylum application. The court denies the appeal for review. (Ghazali v. Holder, 10/29/09). Under the federal regulations, asylum seekers can get in trouble if they file a “knowingly frivolous” application. Knowingly frivolous means that one or more important claim in the application is false. It could also mean claims of asylum where there was positively no credible fear of persecution back home. This means that the judge’s decision has become final, and the government will not be able to take any further action in the case. You have the legal status that the Immigration Law Offices granted you, as well as the benefits that come with it. The Board must receive your appeal within 30 days from the Judge’s decision in your case.

Immigration Law Offices

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