8 CFR 1208.20 - Determining if an asylum application is frivolous
| Cite as | 8 CFR 1208.20 |
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102 practice notes
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
...that immigration judges and the BIA may make findings that an alien has knowingly filed a frivolous asylum application. See 8 CFR 208.20, 8 CFR 1208.20. The Departments propose to amend these regulations to allow asylum officers adjudicating [[Page 36275]] asylum applications to make findin......
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In re M-D-C-V, Interim Decision #3989
...argument based on the law or evidence in support of [a] claim." Black's Law Dictionary 668 (6th ed. 1990). However, the regulation at 8 C.F.R. § 1208.20 (2020) limits the application of section 208(d)(6) by directing that an asylum applicant is subject to that provision "only if a final ord......
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Zhang v. Holder, Docket No. 09-2628-ag.
...as to “material” elements of his asylum application; and (2) he committed such perjury “purely to secure an [i]mmigration benefit.” See 8 C.F.R. § 1208.20 (“[A]n asylum application is frivolous if any of its material elements is deliberately fabricated.”). Therefore, petitioner's speculatio......
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Aslanturk v. Hott, Civil No. 1:20-cv-00433 (RDA-JFA)
...frivolous, and [that Petitioner] shall be permanently ineligible for any future benefits under the INA, pursuant to INA § 208(d)(6) and 8 C.F.R. § 1208.20." Dkt. 6-10, 4, 20. The Immigration Court further ordered that Petitioner be removed to Turkey. Id. at 20.On November 22, 2019, Petition......
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102 cases
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In re M-D-C-V, Interim Decision #3989
...argument based on the law or evidence in support of [a] claim." Black's Law Dictionary 668 (6th ed. 1990). However, the regulation at 8 C.F.R. § 1208.20 (2020) limits the application of section 208(d)(6) by directing that an asylum applicant is subject to that provision "only if a final ord......
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Zhang v. Holder, Docket No. 09-2628-ag.
...as to “material” elements of his asylum application; and (2) he committed such perjury “purely to secure an [i]mmigration benefit.” See 8 C.F.R. § 1208.20 (“[A]n asylum application is frivolous if any of its material elements is deliberately fabricated.”). Therefore, petitioner's speculatio......
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Aslanturk v. Hott, Civil No. 1:20-cv-00433 (RDA-JFA)
...frivolous, and [that Petitioner] shall be permanently ineligible for any future benefits under the INA, pursuant to INA § 208(d)(6) and 8 C.F.R. § 1208.20." Dkt. 6-10, 4, 20. The Immigration Court further ordered that Petitioner be removed to Turkey. Id. at 20.On November 22, 2019, Petition......
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Asrat v. Barr, Case No. 1:18-cv-1453
...delegate authority to make frivolousness determinations to the Immigration Court and the BIA, not to USCIS. See 8 C.F.R. §§ 208.20, 1208.20. Accordingly, if the Immigration Court or BIA has found that an alien knowingly filed a frivolous asylum application, USCIS is precluded from granting ......
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