In re Kasinga

1 Analyses of this admin-law by attorneys

  1. Illegal or Fraudulent Entry Into the U.S. and its Effect on Asylum

    Proskauer For GoodMaja ZerjalDecember 21, 2017

    Substantial authority recognizes that the prompt admission that someone does not have a legal basis to remain in the U.S. mitigates the negative impact of the manner of entry, including one with fraudulent documents. See, e.g., Wu Zheng Huang v. INS, 436 F.3d at 100, citing In re Fauziya Kasinga, 21 I. & N. Dec. 357, 368 (BIA 1996) (reversing a discretionary denial of asylum where the applicant had purchased a fraudulent passport to enter the U.S., but admitted its falsity to an immigration inspector at the border); Zhang Hui Jiang v. United States AG, 173 F. App’x 929, 931 (2d Cir. 2006) (the applicant’s false representation as a U.S. citizen upon entry into the U.S. was mitigated by her admission of removability, and the fraudulent entry was overshadowed by her well-founded fear of future persecution). [View source.]