In a somewhat scathing decision, the Sixth Circuit reversed the Board of Immigration Appeals' decision to reopen proceedings based on evidence presented by the Department of a Homeland Security (DHS) that an asylee had lied about her identity.  Noting that the asylee had revealed her use of alias on her application and that the DHS can the evidence submitted within its possession at the time of the decision granting asylum, the court noted that the DHS had not met the burden of introducing previously unavailable evidence to substantiate reopening of a proceeding.

"The government’s reasons for its failure to investigate are simply not compelling. Not only did Sakhawati admit to using an alias, including the explicit admission on her asylum application, but she also provided biometric information that would have enabled DHS to discover the existence of a second identity."  "Moreover, DHS specifically informed the IJ that it had completed all of the requisite background checks—which include the above-mentioned biometric screening—pursuant to DHS’s own regulatory requirements."

The full text of Sakhawati v. Lynch can be found here: