Pavel Pavlov v. Eric Holder, Jr.
697 F.3d 616
7th Cir.2012Background
- Pavlov, a Bulgarian citizen, entered the U.S. in 2000 on a nonimmigrant visa and overstayed.
- In 2006 Pavlov filed a asylum application containing false details about entry date and persecution.
- His asylum claim alleged Bulgarian gypsy persecution with repeated alleg6ed injuries.
- Pavlov’s wife later sought adjustment for Pavlov based on her U.S. citizenship; Pavlov withdrew asylum and admitted false entry date and lack of persecution.
- An IJ ordered Pavlov removed and found him ineligible for adjustment under 8 U.S.C. §1158(d)(6) for knowingly frivolous asylum filing; the BIA affirmed.
- Pavlov contends §1158(d)(6) hinges on an asylum request before an IJ and that the warning requirement §1158(d)(4)(A) was not properly satisfied; the court denies review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1158(d)(6) applies to frivolous asylum filings irrespective of forum | Pavlov argues §1158(d)(6) only applies when asylum is sought before an IJ | Agency can apply §1158(d)(6) when a frivolous asylum filing is knowingly made | Yes, §1158(d)(6) applies to knowingly frivolous asylum filings |
| Whether the warning requirement §1158(d)(4)(A) satisfied when warning given by surrogate agency | Pavlov contends only an IJ-delivered warning suffices | Warnings delivered by USCIS surrogate satisfy the statute | Warnings by the agency satisfy §1158(d)(4)(A); proper notice supports §1158(d)(6) ineligibility |
Key Cases Cited
- Ribas v. Mukasey, 545 F.3d 922 (10th Cir. 2008) (delivery of warning suffices; frivolous asylum concerns go to agency resources)
- Siddique v. Mukasey, 547 F.3d 814 (7th Cir. 2008) (agency-compliant warning suffices under §1158(d)(4)(A))
- Alsagladi v. Gonzales, 450 F.3d 700 (7th Cir. 2006) (propensity to tell lies supports frivolous filing finding)