Niang v. Holder, No. 11-4156 (2d Cir. 2014)Annotate this Case
Petitioner, a native and citizen of Senegal, sought review of the BIA's affirmance of the IJ's denial of his application for adjustment of status based on a finding that he was ineligible for all relief for having filed a frivolous asylum application. Petitioner originally applied for asylum, withholding of removal, and relief under the Convention Against Torture, falsely stating on his application that he was from the Ivory Coast where he had been persecuted on account of his ethnicity and his political opinion. The court denied the petition for review because the BIA did not err in denying petitioner's adjustment applications where he received adequate notice of the consequences of filing a frivolous application through the written warning on the asylum application.