SHIRDEL

Citations

• 19 I. & N. Dec. 33

Syllabus

SHIRDEL, 19 I&N Dec. 33 (BIA 1984) ID 2958 (PDF) (1) Afghan nationals who arrived in the United States with fraudulent Turkish passports astransit without visa (\TRWOV\) aliens in order to submit applications for asylum are excludable under the second clause of section 212(a)(19) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1182(a)(19)(1982), for attempting to enter the United States by fraud or material misrepresentation. (2) The use of fraudulent Turkish passports by Afghan nationals in order to avail themselves of the TRWOV privilege was an integral part of their material misrepresentation in attempting to enter the United States. (3) Afghan nationals who came here from a foreign port in order to submit applications forasylum attempted an \entry\ into the United States within the meaning of section 101(a)(13) of the Act, 8 U.S.C. Sec. 1101(a)(13)(1982). (4) An alien who circumvents the orderly procedures for obtaining refugee status abroad will be denied the discretionary relief of asylum in the absence of strong countervailing equities to overcome this serious adverse factor. (5) Whether or not an applicant in exclusion proceedings is excludable under section 212(a)(19) of the Act is not determinative as to the issue of the discretionary relief of asylum. Matter of Salim, 18 I&N Dec. 311 (BIA 1982), clarified.