Jamal Ali Farah v. John Ashcroft, Attorney General

Petitioner, Jamal Ali Farah, petitions for review of the BIA’s decision denying his application for asylum and adopting the opinion of the immigration judge (“IJ”). The IJ had ordered Farah removed on the basis of the finding that Farah was not credible and had further ordered Farah permanently ineligible for any benefits under the immigration laws of the United States because his application was frivolous. See 8 U.S.C. § 1158 (d)(6).

In this petition for review, Farah first challenges the IJ’s credibility determination underlying his removal order. Farah, however, bears a heavy burden, for he is required to establish that the evidence was so compelling that this court must find it worthy of credence and must order him eligible for asylum relief. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Farah has not borne this burden.

Farah also challenges the IJ’s finding that he knowingly filed a frivolous asylum application. Such a finding carries the severe penalty of a permanent bar to immigration relief, so, INS regulations require there to be sufficient opportunity to account for discrepancies or implausibilities. 8 C.F.R. § 208.20 . Our…