United States Court of Appeals For the Seventh Circuit
Immigration — frivolous asylum petitions
The warning from Homeland Security that filing a frivolous asylum petition bars any future immigration requests applies with the same force as a warning from the Attorney General.
“This language complies with the statute and, because it was delivered by the Attorney General’s surrogate, supports disqualification under §1158(d)(6). At least two other courts of appeals have concluded that delivery of this warning in the application itself, or at the time of the interview, suffices. Ribas v. Mukasey, 545 F.3d 922 (10th Cir. 2008); Cheema v. Holder, 2012 U.S. App. LEXIS 18742 (9th Cir. Sept. 6, 2012). This court said the same thing in Siddique v. Mukasey, 547 F.3d 814 (7th Cir. 2008). If it was not a holding then, it becomes a holding now. Practical considerations support applying the statutory text as written. Frivolous applications for asylum require investigation and divert time that could be put to use addressing serious claims by honest applicants. Section 1158(d)(6) is designed to prevent aliens from creating these costs—and helping themselves to additional time in the United States—during the months or years before an immigration judge convenes a hearing.”
Petition for Review of an Order of the Board of Immigration Appeals, Easterbrook, J.