No. 00-10154.

275 F.3d 1334 (2001)

Rafael BARRETO-CLARO, Petitioner, v. The U.S. ATTORNEY GENERAL, Immigration and Naturalization Service, Respondent.

United States Court of Appeals, Eleventh Circuit.

Decided December 19, 2001.

Attorney(s) appearing for the Case

Charles H. Kuck, Schwartz Kuck & Associates, LLP, Atlanta, GA, for Petitioner.

Emily Anne Radford, Joshua E. Braunstein, Ann Varnon, Joseph F. Ciolino, U. S. Dept. of Justice, Civil Div., Office of Immigration Litigation, Washington, DC, for Respondent.

Before: BARKETT, HILL and KRAVITCH, Circuit Judges.

HILL, Circuit Judge:

Petitioner Rafael Barreto-Claro (Barreto), a native and citizen of Cuba, seeks our review of a final order of removal issued by the Board of Immigration Appeals (Board). His case represents an issue of first impression in this circuit and apparently all others concerning the filing of frivolous asylum applications under 8 U.S.C. § 1158(d)(6), as rewritten by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)...

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