Hazmik Kulakchyan v. Eric Holder, Jr.

Petitioner seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) decision declaring her asylum application frivolous. For the reasons set forth below, the petition for review is denied.

I

Petitioner, a native and citizen of Armenia, applied for asylum and provided a false arrival date on both her application and during her asylum interview. An asylum officer denied petitioner’s application as time-barred after discovering her actual arrival date and petitioner was placed in removal proceedings. Petitioner eventually withdrew her request for asylum, and instead sought an adjustment of status and a waiver under 8 U.S.C. § 1182 (i) (a “ § 212(i) waiver”).

The IJ granted the Department of Homeland Security’s (“DHS”) motion to pretermit petitioner’s applications for adjustment of status and a § 212(i) waiver on the basis that petitioner knowingly filed a frivolous asylum application. The BIA affirmed the IJ’s determination that petitioner knowingly filed a frivolous asylum application and that she was statutorily barred from adjustment of status and a § 212(i) waiver on that basis.

II

A “determination that an applicant…