Ghazali v. Holder, No. 08-4220 (6th Cir. 10/29/2009)
Before: Daughtrey, Sutton and McKeague
Ghazali is a citizen of Lebanon who entered on a non-immigrant visa. Mr. Ghazali overstayed his visa and removal proceedings against him. Mr. Ghazali applied for asylum, withholding and CAT, all of which were denied by the IJ and later affirmed by the BIA. The IJ denied withholding and CAT on the merits and made a finding that his asylum application was barred because Mr. Ghazali did not apply for asylum within one year of entry. The IJ also made findings that had the asylum application not been statutorily barred, it would have been denied on the merits. The IJ found Mr. Ghazali’s testimony not credible and that Mr. Ghazali deliberately fabricated some of the facts that supported his claim.
It is worth mentioning that the Sixth Circuit mentioned and actually considered the holding in Kucana v. Holder, 533 F.3d 534, 539 (7th Cir. 2008), 120 S. Ct. 2075 (2009) (No. 08-911), and said that although they have reviewed motions for reconsideration in the past and although Kucana seemed to extend to motions for reconsideration, they were not barred as Mr. Ghazali’s petition raised a question of law.
The Sixth Circuit agreed with the Board of Immigration Appeals that an IJ may determine an application is frivolous even after the IJ made a finding that the application was time barred.
You can read the decision at:
http://www.ca6.uscourts.gov/opinions.pdf/09a0377p-06.pdf
