Surinder Kaur v. Loretta E. Lynch

MEMORANDUM

1. The Board of Immigration Appeals (BIA) did not err in finding petitioner Surinder Kaur ineligible for immigration benefits because of her previously filed frivolous asylum application.

Under 8 U.S.C. § 1158 (d)(6), if “an alien has knowingly made a frivolous application for asylum” and has received appropriate notice, “the alien shall be permanently ineligible for any benefits” under the Immigration and Nationality Act (INA). An application is frivolous “if any of its material elements is deliberately fabricated.” 8 C.F.R. § 1208.20 . To provide adequate notice, the Attorney General must “advise the alien of the privilege of being represented by counsel and of the consequences ... of knowingly filing a frivolous application,” and must “provide the alien a list of persons” who could represent the alien pro bono. 8 U.S.C. § 1158 (d)(4). To support a finding of frivolousness, the BIA must also “make specific findings that the applicant knowingly filed a frivolous application; [ ] those findings must be supported by a preponderance of the evidence; and- [] the applicant must be given sufficient opportunity to account for any discrepancies or implausibilities in his…