Pavlov v. Holder, No. 11-3384 (7th Cir. 2012)
Annotate this CasePavlov, a citizen of Bulgaria, entered the U.S. in 2000 on a nonimmigrant visa and did not depart when it expired. In 2006 applied for asylum. The application included false assertions that he had entered in 2005, that he had been persecuted in Bulgaria because he is a gypsy, and that multiple attacks had broken his ribs and collarbone and knocked out two of his teeth. He repeated this story during an interview. About a year later, his wife, a newly-naturalized citizen, asked immigration officials to adjust his status to that of permanent resident. Pavlov withdrew his application for asylum, acknowledged that he entered in 2000 rather than 2005, and conceded that he is not a gypsy and was not persecuted. The IJ ordered removal, citing 8 U.S.C. 158(d)(6), which provides that if an alien has knowingly made a frivolous application for asylum and the alien has received the required notice, the alien is permanently ineligible. Pavlov had received the required notice. The Seventh Circuit denied review. Pavlov was warned twice: once in the original application form, and a second time before the interview.
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