Ndibu v. Lynch

Petitioner, a native and citizen of the Democratic Republic of the Congo, seeks review of the BIA's final order of removal affirming the IJ's conclusion that petitioner filed a frivolous asylum application and was therefore ineligible for adjustment of status. The court concluded that notice set forth in the I-589 application for asylum suffices to satisfy the requirement under 8 U.S.C. 1158(d)(4)(A) that the applicant be notified of the consequences of filing a frivolous application. Although an immigration judge is free to give an applicant additional warnings during the hearing, there is no statutory requirement that he do so. Therefore, the court rejected petitioner's contention that he did not receive adequate notice. The court rejected petitioner's remaining claims and denied the petition for review. View "Ndibu v. Lynch" on Justia Law