Yan Liu v. Eric H. Holder Jr., No. 08-72849 (9th Cir. 2011)
Annotate this CasePetitioner, a native of China, appealed the Board of Immigration Appeals' ("BIA") order affirming the Immigration Judge's ("IJ") denial of her asylum and withholding of removal claims based upon an adverse credibility determination, as well as the IJ's decision that petitioner filed a frivolous asylum application. At issue was the distinction between an applicant for asylum whose testimony lacked creditability and one who had deliberately fabricated material aspects of her application. The court held that substantial evidence supported the BIA's denial of petitioner's asylum and withholding of removal claims based on petitioner's lack of creditability. The court also held that the issue of whether petitioner submitted a frivolous asylum application was a distinct question requiring a separate analysis and that, although the grounds cited for the adverse creditability determination overlapped to some extent with the grounds cited for the frivolous findings, the heightened requirements of the latter finding were not met.
This opinion or order relates to an opinion or order originally issued on February 23, 2011.
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