21-6586 Ud Din v. Garland In the United States Court of Appeals for the Second Circuit AUGUST TERM 2022 No. 21-6586 SYED KALIM UD DIN & SYED ARSALAN UD DIN, Petitioners, v. MERRICK B. GARLAND, United States Attorney General, Respondent. __________ On Petition for Review of Final Orders of the Board of Immigration Appeals __________ ARGUED: JANUARY 18, 2023 DECIDED: JUNE 30, 2023 ________________ Before: WALKER, RAGGI, and PARK, Circuit Judges. ________________ Pakistani nationals and brothers Syed Kalim Ud Din and Syed Arsalan Ud Din petition for review of a Board of Immigration Appeals decision upholding orders denying them adjustment of status and directing their removal from the United States. The Ud Dins argue that the agency erred in finding them ineligible for adjustment of status based on their earlier filing of frivolous, i.e., deliberately and materially false, asylum applications, see 8 U.S.C. § 1158(d)(6), because those applications were untimely and, thus, their concededly false statements could not have been material to a matter properly before the agency for decision. The Ud Dins further fault the agency for alternatively denying them adjustment of status as a matter of discretion. See id. § 1255(a). Because both arguments lack merit, we deny the Ud Dins’ petition for their review. Nevertheless, a question arises as to how the Ud Dins’ removal will affect their future ability to apply for reentry to the United States. A permanent and unwaivable bar on reentry applies to any alien who filed a frivolous claim for asylum after receiving notice of that consequence. Otherwise, the alien may be subject to lesser, waivable bars on reentry. Because this court cannot determine on the present record whether the Ud Dins received the notice required to trigger a permanent, unwaivable bar, we grant review as to that single question and remand for the limited purpose of allowing the agency to make an express finding as to notice and, based on that finding, to specify the scope of the reentry bar that will attend the Ud Dins’ removal. PETITION DENIED IN PART, GRANTED IN PART, AND REMANDED. _________________ MICHAEL Z. GOLDMAN, Law Offices of Michael Z. Goldman, New York, NY, for Petitioners. EDWARD C. DURANT (Brian Boynton, Jessica E. Burns, on the brief), United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent. _________________ 2 REENA RAGGI, Circuit Judge: Pakistani nationals and brothers Syed Kalim Ud Din (“Kalim”) and Syed Arsalan Ud Din (“Arsalan”) petition this court for review of a Board of Immigration Appeals (“BIA”) decision upholding an immigration judge’s (“IJ”) orders denying the Ud Dins adjustment of status and directing their removal from the United States. See In re Syed Kalim Ud Din, Syed Arsalan Ud Din, Nos. A 088 428 002, A 088 428 003 (B.I.A. Oct. 12, 2021), aff’g Nos. A 088 428 002, A 088 428 003 (Immigr. Ct. N.Y.C. Oct. 4, 2018). The agency found the brothers ineligible for adjustment of status based on their earlier filing of frivolous asylum applications, i.e., applications …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals