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GHAZALI v. HOLDER

No. 08-4229.

585 F.3d 289 (2009)

Issam Mohamad GHAZALI, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 29, 2009.

Attorney(s) appearing for the Case

ARGUED: Ronald E. Kaplovitz, Kaplovitz & Associates, P.C., Sylvan Lake, Michigan, for Petitioner. Patrick James Glen, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Ronald E. Kaplovitz, Kaplovitz & Associates, P.C., Sylvan Lake, Michigan, for Petitioner. Patrick James Glen, United States Department of Justice, Washington, D.C., for Respondent.

Before: DAUGHTREY, SUTTON and McKEAGUE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Issam Mohamad Ghazali, a native and citizen of Lebanon, argues that, once an immigration judge determines that an asylum petition is time barred, the judge no longer has authority to determine that the application is frivolous. The Board of Immigration Appeals disagreed, and so do we.

I.

In 1999, Ghazali entered the United States on a non-immigrant visa with authorization to stay until 2001. When Ghazali overstayed...

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