Board of Immigration Appeals· 7/1/2007

Y-L

Citations

24 I. & N. Dec. 151

Syllabus

Y-L-, 24 I&N Dec. 151 (BIA 2007) ID 3563 (PDF) (1) In determining that an application for asylum is frivolous, the Immigration Judge must address the question of frivolousness separately and make specific findings that the applicant deliberately fabricated material elements of the asylum claim. (2) Before the Immigration Judge makes a finding that an asylum application is frivolous, the applicant must be given sufficient opportunity to account for any discrepancies or implausible aspects of the claim. (3) The Immigration Judge must provide cogent and convincing reasons for determining that a preponderance of the evidence supports a frivolousness finding, taking into account any explanations by the applicant for discrepancies or implausible aspects of the claim.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

recognizing that “the serious consequences of a frivolousness finding” require Immigration Judges to afford asylum applicants certain procedural safeguards under the regulation
concluding that in determining that application for asylum is frivolous, IJ must address question of frivolousness separately and make specific findings that alien deliberately fabricated material elements of claim for asylum
stating that an alien’s intent is a factual finding, which is reviewed for clear error
stating that filing a frivolous application makes an alien ineligible “for any benefits under the Immigration and Nationality Act except for withholding of removal.”
stating that an alien’s intent is a factual finding made by the Immigration Judge, which is reviewed for clear error
stating that the Immigration Judge or the Government may raise the issue of frivolousness

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