Sharareh Shojaeddini v. Jefferson B. Sessions III

In the United States Court of Appeals For the Seventh Circuit No. 17-1648 SHARAREH SHOJAEDDINI, et al., Petitioners, v. JEFFERSON B. SESSIONS III, Attorney General of the United States, Respondent. Petition for Review of an Order of the Board of Immigration Appeals. No. A078-208-227 No. A078-208-228 ARGUED NOVEMBER 6, 2017 — DECIDED JANUARY 11, 2018 Before BAUER, KANNE, and ROVNER, Circuit Judges. BAUER, Circuit Judge. Sharareh Shojaeddini and her young daughter, Maryam (“Petitioners”), were placed in removal proceedings in 2008 after the Department of Homeland Security (“DHS”) discovered that Sharareh had made material 2 No. 17-1648 misrepresentations on her adjustment of status application, as well as her previously filed asylum application. Petitioners applied for a fraud waiver under 8 U.S.C. § 1227(a)(1)(H), which the Immigration Judge denied, finding that the fraud waiver did not apply to frauds committed at the adjustment of status. Before the Board of Immigration Appeals (BIA) decided Petitioners’ appeal, DHS filed a motion to remand to the IJ so he could reconsider another aspect of the fraud waiver issue that he had declined to address: whether Sharareh had filed a frivolous asylum application, which would make her perma- nently ineligible for any immigration benefit. 8 U.S.C. § 1158(d)(6). On remand, the IJ found that Sharareh had filed a frivolous asylum application, making her permanently ineligible for the fraud waiver. Petitioners appeal, arguing that the BIA procedurally erred in granting DHS’ motion to remand. We conclude that the BIA did not err, and deny the petition for review. I. BACKGROUND Sharareh is a native of Iran. Her family fled Iran in 1986 to escape persecution, and eventually settled in Norway. While there, Sharareh became a naturalized citizen of Norway in 1994, and married a Norwegian citizen in 1996. Sharareh and her family briefly returned to Iran in 1997, but promptly went back to Norway after facing further persecution. She gave birth to Maryam in Norway in 1999. In 1999, using their Norwegian passports, Sharareh and Maryam entered the United States for the first time. Sharareh filed an I-589 application for asylum in 2000, listing Maryam as No. 17-1648 3 a derivative. Her application contained several material omissions and misrepresentations. Sharareh noted only that she was an Iranian national and failed to disclose that she was a Norwegian citizen and had been residing there since 1986. Additionally, she falsely stated that she was married to an Iranian citizen who had been detained and tortured there. Sharareh’s application also described persecution she and her family had faced from Iranian authorities, including unlawful arrests and sexual abuse. An IJ in New Jersey granted Sharareh’s asylum application on February 8, 2001, and granted Maryam asylum status as a derivative. After receiving asylum status, Petitioners traveled to and from Norway on several occasions between 2001 and 2002 using their Norwegian passports. On March 4, 2002, Sharareh, on behalf of herself and Maryam, applied for an adjustment of status. In the applica- tion, Sharareh again omitted that she was a Norwegian citizen. She ...

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