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· 6/17/1991

Mastro v. Maiorino

Citations

  • 174 A.D.2d 654

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “the serious consequences of a frivolousness finding” require Immigration Judges to afford asylum applicants certain procedural safeguards under the regulation
  • concluding that in determining that application for asylum is frivolous, IJ must address question of frivolousness separately and make specific findings that alien deliberately fabricated material elements of claim for asylum
  • stating that an alien’s intent is a factual finding, which is reviewed for clear error
  • stating that an alien’s intent is a factual finding made by the Immigration Judge, which is reviewed for clear error
  • stating that filing a frivolous application makes an alien ineligible “for any benefits under the Immigration and Nationality Act except for withholding of removal.”
  • stating that the Immigration Judge or the Government may raise the issue of frivolousness

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.