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Keywords

jurisdictionstatuteappealwillregulationasylum
jurisdictionstatuteappealwillregulationasylum

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Bhargava v. Attorney General

Facts

The alien was granted asylum by an asylum officer. His asylum status was terminated based on evidence that claims made in his asylum application were fraudulent. The IJ found that he did not have jurisdiction to review a termination of asylum status by DHS. The court of appeals found that the decision on jurisdiction was not arbitrary or capricious, plainly erroneous, or inconsistent with regulations. 8 C.F.R. 208.24(a) allowed an asylum officer to terminate a grant of asylum that had been made by an asylum officer upon a showing of fraud in the asylum application. Section 208.24(e) required removal proceedings to be initiated upon termination of asylum if the alien was not already in removal proceedings. Both 208.24 and 8 U.S.C.S. 1158 were silent with respect to an IJ's jurisdiction to review a termination of asylum by DHS.

The alien was granted asylum by an asylum officer. His asylum status was terminated based on evidence that claims made in his asylum application were fraudulent. The IJ found that he did not have jurisdiction to review a termination of asylum status by DHS. The court of appeals found that the decision on jurisdiction was not arbitrary or capricious, plainly erroneous, or inconsistent with regulations. 8 C.F.R. 208.24(a) allowed an asylum officer to terminate a grant of asylum that had been made by an asylum officer upon a showing of fraud in the asylum application. Section 208.24(e) required removal proceedings to be initiated upon termination of asylum if the alien was not already in removal proceedings. Both 208.24 and 8 U.S.C.S. 1158 were silent with respect to an IJ's jurisdiction to review a termination of asylum by DHS.

Issue

The sole question before us is whether the Board of Immigration Appeals ('BIA') erred in affirming the Immigration Judge's ('IJ') decision that he lacked jurisdiction to review DHS's termination of petitioner's asylum status.

The sole question before us is whether the Board of Immigration Appeals ('BIA') erred in affirming the Immigration Judge's ('IJ') decision that he lacked jurisdiction to review DHS's termination of petitioner's asylum status.

Rule

8 C.F.R. 208.24(a)(1) provides that 'an asylum officer may terminate a grant of asylum made under the jurisdiction of an asylum officer or a district director if following an interview, the asylum officer determines that . . . [t]here is a showing of fraud in the alien's application such that [the alien] was not eligible for asylum at the time it was granted.'

8 C.F.R. 208.24(a)(1) provides that 'an asylum officer may terminate a grant of asylum made under the jurisdiction of an asylum officer or a district director if following an interview, the asylum officer determines that . . . [t]here is a showing of fraud in the alien's application such that [the alien] was not eligible for asylum at the time it was granted.'

Analysis

In conducting our review, we are mindful that 'we owe deference to the BIA's conclusion as to the scope of its jurisdiction' so long as the BIA's interpretation of a statute or a regulation is 'not arbitrary or capricious, nor plainly erroneous or inconsistent with the regulation.' The silence in 8 U.S.C. 1158 and 8 C.F.R. 208.24 speaks volumes. The court found that the IJ's and BIA's conclusion was not arbitrary or capricious, nor plainly erroneous or inconsistent with the regulation.

In conducting our review, we are mindful that 'we owe deference to the BIA's conclusion as to the scope of its jurisdiction' so long as the BIA's interpretation of a statute or a regulation is 'not arbitrary or capricious, nor plainly erroneous or inconsistent with the regulation.' The silence in 8 U.S.C. 1158 and 8 C.F.R. 208.24 speaks volumes. The court found that the IJ's and BIA's conclusion was not arbitrary or capricious, nor plainly erroneous or inconsistent with the regulation.

Conclusion

The petition for review will, therefore, be denied.

The petition for review will, therefore, be denied.

Who won?

The United States Department of Homeland Security prevailed in the case as the court upheld the IJ's decision that he lacked jurisdiction to review the termination of the alien's asylum status.

The United States Department of Homeland Security prevailed in the case as the court upheld the IJ's decision that he lacked jurisdiction to review the termination of the alien's asylum status.

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