Albu v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-2864
Decision Date: 
August 5, 2014
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied
Record contained sufficient evidence to support Bd.’s denial of alien’s application for cancellation of removal under 8 USC section 1158(d)(6) based on finding that alien had deliberately presented false evidence to support his asylum claim. Section 1158(d)(6) makes anyone who submits frivolous asylum application permanently ineligible for any immigration benefits whatsoever, and record showed that alien qualified for statutory bar contained in section 1158(d)(6) where he: (1) falsely alleged that he was persecuted by Romanian police on account of his Pentecostal religion when alien did not convert to Pentecostalism until after he entered U.S.; and (2) falsified date of his entry into U.S. in attempt to avoid one-year limitation period for filing asylum applications. Moreover, IJ could properly disbelieve alien’s contention that his interpreter failed to advise him of ramifications for failing to tell truth when supporting his asylum claim.