Chen

BACKGROUND

Chen entered the United States in 1998 on a non-immigrant P-3 visa to work as a folk dancer, but, after entering the United States, Chen never performed such work. The visa authorized her to remain in the United States until no later than April 26, 1999. When she stayed beyond that date, she was charged with and conceded removability.

In March of 1999, Chen presented an application for asy- lum, which we now know was rife with fraud. The signature page on the I-589 filed by Chen contains the following warn- ing in bold font:

Applicants in the United States illegally are subject to removal if their asylum or withholding claims are CHEN v. MUKASEY 6247 not granted by an asylum officer or an immigration judge. Any information provided in completing this application may be used as a basis for the institution of, or as evidence in, removal proceedings, even if the application is later withdrawn. Applicants deter- mined to have knowingly made a frivolous applica- tion for asylum will be permanently ineligible for any benefits under the [INA].

(emphasis added). Additionally, the Notice of Privilege of Counsel and Consequences of Knowingly Filing a…