Chinese and Spanish Spoken

Call us Today 800-890-0229

Immigration Law


Innovation. Excellence. Trust.

Attorney Image

H. Raymond Fasano prepares for Oral Argument before the Second Circuit

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.

Contact Us

Email Us For A Response
Pay Now – Manhattan
Pay Now – New Jersey
Pay Now – Queens/Long Island

Practice Areas


Attorney H. Raymond Fasano, as Section Chair to the Federal Bar Association’s Immigration Law Section will be hosting the Federal Bar Association’s Immigration Law Section Seminar in Memphis, TN May 17 -18. Please follow this link for details

May 7, 2013 Employers Must Use Revised Form I-9, Employment Eligibility Verification