Proof That Noncitizen Knew Of Fraud In Asylum Application Is Not Required

The BIA held that the Department of Homeland Security is not required to establish that a noncitizen knew of the fraud in the application in order to terminate a grant of asylum. However, to terminate the asylum grant, DHS must nevertheless separately prove by a preponderance of the evidence that there was fraud in the asylum application and the fraud was such that the noncitizen was not eligible for asylum at the time it was granted. Matter of P-S-H-, 26 I&N Dec. 329 (BIA 2014).