Shojaeddini v. Sessions, No. 17-1648 (7th Cir. 2018)Annotate this Case
Sharareh fled Iran in 1986, became a naturalized citizen of Norway, and married a Norwegian citizen. In 1999, using a Norwegian passport, Sharareh entered the U.S. She applied for asylum, stating that she was an Iranian national without disclosing that she was a Norwegian citizen. She falsely stated that she was married to an Iranian citizen who had been tortured. The application was granted. Sharareh traveled to Norway several times in 2001-2002 using her Norwegian passport. Sharareh applied for adjustment of status, omitting reference to Norway. She became a lawful permanent resident. In 2008, she was charged with removability under 8 U.S.C. 1227(a)(1)(A). An IJ denied relief under 8 U.S.C. 1227(a)(1)(H), stating fraud waiver is not available for frauds committed at the time of an adjustment of status. The IJ declined to consider DHS’ argument that Sharareh was barred from all relief because she filed a frivolous asylum application, 8 U.S.C. 1158(d)(6). DHS later conceded that an IJ may waive frauds committed in an adjustment of status. The BIA remanded. The IJ denied relief, finding that Sharareh had made a knowing frivolous asylum application. The BIA and Seventh Circuit upheld the denial. The court rejected an argument that the BIA procedurally erred in granting DHS’ motion to remand. DHS’ opposition brief sought affirmance of the decision, while also arguing that the record supported a frivolous asylum application finding. This was the proper way to preserve the issue on appeal.