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Knowing Falsification Of Asylum Bars Subsequent Relief For Removal

The Second Circuit Court of Appeals affirmed a denial of relief for a petitioner who was claimed to have falsified material information on his petition seeking asylum in the United States.  The petitioner Gade Niang, a native and citizen of Senegal, had claimed he was from the Ivory Coast where he had been persecuted on account of his ethnicity and his political opinion in his application for asylum filed in 2005.  At the time of filing, Niang had been in the United States since 2002.

Niang had claimed he was entitled to an adjustment of status because of his fear that, if he were to return to the Ivory Coast, he would be persecuted on the basis of his ethnicity and political views. Niang appeared before an immigration judge (IJ) in 2006, and, through counsel, confirmed the truth, accuracy, and completeness of the contents of his asylum application (as he had previously done in his interview with an immigration officer) and contested the Government’s allegation that he was a native and citizen of Senegal.  He later applied for adjustment of status based on an approved I-130 immigrant visa petition filed on his behalf by his wife, a United States citizen.

After a hearing on the merits, the IJ concluded that Niang was barred from any immigration benefits because he knowingly filed a frivolous asylum application. Subsequently, the Board of Immigration Appeals (BIA) affirmed that decision, the Second Circuit panel also decided in Niang v. Holder, Docket No. 11-4156-ag. (Ct. App. 2nd Cir. 2014) that the application was frivolous because he had made prior representations which were materially false.  The appellate court rejected the argument by Niang that he lacked sufficient notice that his later filing for an adjustment of status could be viewed as frivolous.

The Shulman Law Group, LLC has successfully handled and effectuated many asylum cases.  The firm and its staff are well-versed in the nuances and underpinnings of claims of persecution involving individuals from many countries.  What sets our firm apart from other law offices is that we skillfully prepare comprehensive applications that include country reports, autobiographical statements, affidavits from friends, family and colleagues, psychological evaluations, and expert witness testimonials–strategies that predispose the applicant to a higher probability of an approval. Our firm maintains an up-to-date knowledge on the latest case law which affects the manner in which these cases are reviewed.