H. Raymond Fasano, Esq. is looking forward to oral argument before the United States Court of Appeals for the Second Circuit on November 7, 2013 in the case Niang v. Holder, Docket No. 11-4156-ag. The issue on appeal involves the extent of the Immigration Judge's obligations under statute and the regulations to give the frivolous warnings prior to accepting an asylum application.
Here is an excerpt from Mr. Fasano's brief that gives you an idea of the issues that Mr. Fasano will be arguing before the Second Circuit:
The IJ's delegated duty to give the frivolous warnings prior to accepting the filing of an asylum application are found in INA §208(d)(4)(A), which states that "the Attorney General shall advise the alien of . . . the consequences . . . of knowingly filing a frivolous application for asylum." There is nothing suggested in the statute that the IJ has the authority to accept an asylum application without giving the warnings or to rely on counsel's representations that the warnings were given in order to satisfy the IJ's duty to give the warnings. None of the procedural safeguards described in In re Y-L-, 24 I. & N. Dec. 151 (BIA 2007) were followed by the IJ. As neither the statute nor Board precedent was followed by the IJ in the present case, the frivolous finding must be vacated.
The public is welcome to attend the Oral Argument, which will be held at the United States Courthouse, 40 Foley Square, New York, NY.