Baljinder Cheema v. Eric H. Holder Jr.

Petitioner Baljinder Singh Cheema (“Cheema”) admits that he filed a fabricated asylum application that was supported by fraudulent documents. Cheema nevertheless challenges the immigration judge’s (“IJ”) finding that he knowingly filed a frivolous application. Under 8 U.S.C. § 1158 (d)(6), an asylum applicant who is determined to have knowingly filed a frivolous application is permanently ineligible for immigration benefits. In recognition of the severity of this penalty, Congress explicitly restricted its application to individuals who received notice of the consequences of filing a frivolous application and of the privilege of being represented by counsel, pursuant to 8 U.S.C. § 1158 (d)(4)(A). In this case, we must decide, as an issue of first impression in this circuit, whether the written advisals provided on the standard 1-589 asylum application form constitute sufficient notice under 8 U.S.C. § 1158 (d)(4)(A). Cheema contends that because the advisals are inadequate, the IJ erred in finding that he filed a frivolous asylum application, and therefore he should not be permanently barred from receiving immigration benefits. Because we conclude that the asylum application form…