BIA Binding Precedent on Frivolous Asylum Adjudication and Untimely Applications (Matter of M-S-B-)

Policy effect

Reaffirms that an untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act when it contains a deliberate material misrepresentation regarding the date of entry.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Decided December 13, 2016 … (1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). … We hold that, absent contrary controlling authority, a time-barred asylum application may be determined to be frivolous where it contains a deliberate misrepresentation regarding the applicant’s date of entry that is material to the threshold question of the applicant’s eligibility to seek asylum.

Review method

Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification

Other United States changes operative in 2016

• 2016-01-21Implementation of visa-waiver restrictions for specified nationality and travel histories
• 2016-03-28Three diseases removed from health-related inadmissibility grounds
• 2016-04-01Electronic passports required for Visa Waiver Program travel
• 2016-05-10Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students
• 2016-06-09BIA Precedent Matter of M-H-Z- (No Duress Exception to Material Support Bar)
• 2016-07-06Extension of TPS and Employment Authorization for Honduras and Nicaragua
• 2016-08-29Expansion of Provisional Unlawful Presence Waivers of Inadmissibility
• 2016-09-10Extension of the Designation of El Salvador for Temporary Protected Status
• 2016-10-01Automatic 6-month extension of DED-related EADs for eligible Liberians
• 2016-10-01Syria Temporary Protected Status Redesignation