Manhani v. Barr, No. 17-72231 (9th Cir. 2019)
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The Ninth Circuit denied a petition for review of the BIA's decision denying a waiver of deportation under 8 U.S.C. 1227(a)(1)(H), based on the frivolous asylum application bar at 8 U.S.C. 1158(d)(6). Section 1158(d)(6) states that if the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this chapter.
The panel held that the frivolous asylum application bar precluded an applicant from receiving all benefits under the Immigration and Nationality Act. The court held that the phrase "this chapter" refers to Chapter 12 of Title 8 of the U.S. Code, the chapter in which the section is found. Therefore, as a result of the frivolous asylum application finding, the panel held that petitioner was barred from receiving all benefits under the INA, including a waiver of deportation.
Court Description: Immigration. The panel denied Baldev Singh Manhani’s petition for review of a decision of the Board of Immigration Appeals denying a waiver of deportation under 8 U.S.C. § 1227(a)(1)(H), based on the frivolous asylum application bar at 8 U.S.C. § 1158(d)(6), holding that the bar precludes an applicant from receiving all benefits under the Immigration and Nationality Act. Section 1158(d)(6) states that if the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this chapter. Manhani argued that the Immigration Judge’s uncontested finding that he filed a frivolous asylum application did not bar him from receiving a waiver under § 1158(d)(6) because the bar applied to asylum benefits only. The panel disagreed. In light of the plain language of the Act, this circuit’s precedent, and that of other circuits, the panel concluded that the phrase “under this chapter” refers to Chapter 12 of Title 8 of the U.S. Code (the INA), the chapter in which the section is found. The panel rejected Manhani’s contention that the phrase applied to only the subchapter or section containing the frivolous asylum bar. The panel therefore held that, as a result of the frivolous asylum application finding, Manhani is MANHANI V. BARR 3 barred from receiving all benefits under the INA, including a waiver of deportation.
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