A daily digest of immigration-related federal court decisions from around the United States.
Immigration Litigation Update 7th Cir upholds frivolousness finding under substantive evidence standard | 7th Cir upholds frivolousness finding under substantive evidence standard |
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| Friday, 31 October 2003 | |||||
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Siddique v. Mukasey (7th Cir. 10/31/08) EASTERBROOK Coffey Wood Petitioner filed an asylum claim, denied on the merits, then obtained remand from BIA for pending I-130. On remand, fraud was discovered, IJ refused continuance because he found the asylum app frivolous, barring Petitioner from all relief. I-130 then approved. 7th Cir said it had no jurisdiction over the continuance denial, but could review frivolous finding - which it upheld under substantive evidence standard (finding the de novo standard used in other cases a reflection that those cases involved legal issues). Cf. See Luciana v. Attorney General, 502 F.3d 273, 278–79 (3d Cir. 2007); Chen v. Mukasey, 527 F.3d 935, 939 (9th Cir. 2008); Barreto-Claro v. Attorney General, 275 F.3d 1334, 1338 (11th Cir. 2001). It rejected the argument that USCIS could waive the lifetime bar for a frivolous asylum app, and found that the I-130 certainly was not such a waiver.
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