In what circumstances will the Government deny the application of Faruk's petition for review?

In lieu of filing a brief, the Government moves for summary denial of Faruk's petition for review which is warranted only if the petition is frivolous. See Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995). Because Faruk has filed his merits brief, we need not resolve whether his petition is frivolous; rather, we treat the Government's motion as a response to that brief and deny the petition. In so doing, we assume the parties' familiarity with the underlying facts and procedural history in this case.