Lin

FACTS AND PRIOR PROCEEDINGS

Petitioner first entered the United States on July 14, 1997, on a flight from Russia to Anchorage, Alaska. Petitioner and his two traveling companions (also Chinese) claimed to be Japanese nationals and carried Japanese passports that had been stolen in Thailand and fraudulently altered. Petitioner was placed in removal proceedings before an IJ. After hearing his testimony, the IJ found petitioner not credible and denied his petition for asylum and withholding of removal. Addition- ally, the IJ made an unsubstantiated “special finding” that the application was “frivolous” and that petitioner was therefore “barred forever from seeking any type of immigration relief.” Petitioner did not appeal these determinations and was removed to China. There is no indication in the record that any proceedings were pending after petitioner’s removal from the United States.

On December 24, 1999, petitioner illegally returned to the United States. Petitioner filed a new application for asylum which the agency rejected because it had denied his prior asy- lum application. Despite the rejection of his application, peti- tioner remained in the United States. On April 7,…