Shojaeddini v. Sessions

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 17-1648
Decision Date: 
January 11, 2018
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied

Record contained sufficient evidence to support Bd.’s removal order finding that: (1) alien committed asylum fraud when alien had applied for lawful permanent resident status without informing authorities that she was Norwegian citizen and instead informing authorities that she was Iranian national who was persecuted by Iranian individuals; and (2) alien was not entitled to fraud waiver where alien had knowingly filed frivolous asylum application since instant misrepresentations were done deliberately. While alien argued on appeal that Bd. procedurally erred in granting govt. motion to remand case for determination as to whether alien had filed frivolous asylum application at time when alien’s appeal of IJ order was still pending, and that govt. had also waived frivolous application issue, Bd. could properly order remand, where govt. had raised issue in its opposition brief filed with Bd., and where IJ had not ruled on said issue in his original order finding that alien was not entitled to fraud waiver on other grounds. Moreover, Ct. rejected alien’s contention that remand order improperly directed IJ to make finding that she had filed frivolous asylum application.