Zheng v. Holder, No. 10-3838 (2d Cir. 2012)Annotate this Case
Petitioner, a native and citizen of the People's Republic of China, appealed the BIA's decision affirming an IJ's finding that she filed a frivolous asylum application. At issue was whether (1) a "frivolousness finding" could be entered against an alien who had withdrawn her asylum application; and (2) an IJ retained any discretion to decline to make a frivolousness finding. The court held that the BIA's conclusion that a withdrawn asylum application could serve as the basis of a frivolousness finding was reasonable, but that the BIA's decision that the IJ lacked discretion not to make such a finding was unpersuasive. Accordingly, the court denied the petition in part and granted in part, vacating the BIA's decision and remanding for further proceedings.