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Keywords

statuteasylumstatute of limitationsrescission
statuteasylumstatute of limitationsrescission

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Belenzo, Matter of;.

Facts

Aleksander and Diella Stolaj, citizens of Albania, entered the U.S. in 1996 and filed for asylum. Aleksander withdrew his application to be included in Diella's, which was granted despite an asylum officer's assessment that she had not shown past persecution. The Stolajs adjusted to permanent resident status in 1998. However, an FBI investigation revealed that they had obtained asylum through a bribery scheme involving an asylum officer. In 2003, the Department of Homeland Security initiated removal proceedings against them, citing fraud in their asylum applications.

Aleksander and Diella Stolaj, citizens of Albania, entered the U.S. in 1996 and filed for asylum. Aleksander withdrew his application to be included in Diella's, which was granted despite an asylum officer's assessment that she had not shown past persecution. The Stolajs adjusted to permanent resident status in 1998. However, an FBI investigation revealed that they had obtained asylum through a bribery scheme involving an asylum officer. In 2003, the Department of Homeland Security initiated removal proceedings against them, citing fraud in their asylum applications.

Issue

Did the five-year statute of limitations on rescission proceedings bar the government from initiating removal proceedings against the Stolajs based on alleged fraud in their asylum applications?

Did the five-year statute of limitations on rescission proceedings bar the government from initiating removal proceedings against the Stolajs based on alleged fraud in their asylum applications?

Rule

The five-year statute of limitations on rescission proceedings in 8 U.S.C. 1256(a) does not apply to removal proceedings, which can be initiated without first rescinding an alien's permanent resident status.

The five-year statute of limitations on rescission proceedings in 8 U.S.C. 1256(a) does not apply to removal proceedings, which can be initiated without first rescinding an alien's permanent resident status.

Analysis

The court determined that the statute of limitations did not prevent the government from pursuing removal proceedings against the Stolajs. It clarified that the statute only limits the government's ability to rescind lawful permanent resident status, not to initiate removal proceedings. The court upheld the findings of the IJ and BIA, which were supported by substantial evidence indicating that the Stolajs had obtained their asylee status through fraud.

The court determined that the statute of limitations did not prevent the government from pursuing removal proceedings against the Stolajs. It clarified that the statute only limits the government's ability to rescind lawful permanent resident status, not to initiate removal proceedings. The court upheld the findings of the IJ and BIA, which were supported by substantial evidence indicating that the Stolajs had obtained their asylee status through fraud.

Conclusion

The court denied the Stolajs' petition for review, affirming the BIA's decision that they were removable due to fraud in their asylum applications.

The court denied the Stolajs' petition for review, affirming the BIA's decision that they were removable due to fraud in their asylum applications.

Who won?

The government prevailed in the case because the court found substantial evidence supporting the removal order based on the Stolajs' fraudulent asylum applications.

The government prevailed in the case because the court found substantial evidence supporting the removal order based on the Stolajs' fraudulent asylum applications.

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