The following excerpt is from Singh v. Barr, 18-2676 NAC (2nd Cir. 2019):
In lieu of filing a brief, the Government moves for summary denial of Singh's petition for review. Rather than determine if the petition is frivolous as is required for summary denial, see Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995), we construe the Government's motion as its brief and deny the petition on the merits.
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