Limbeya v. Holder, Jr., No. 13-2115 (8th Cir. 2014)
Annotate this CasePetitioner, a citizen of the Democratic Republic of Congo (DRC), petitioned for review of the BIA's order of removal. An IJ found petitioner's application frivolous and denied all forms of relief. The BIA affirmed. The court vacated and remanded for further proceedings on the issue of frivolousness because the BIA failed to pinpoint a material element that petitioner deliberately fabricated. Neither the BIA nor the IJ adequately explained or supported the frivolousness determination in this case. Accordingly, the court granted the petition for review.
Court Description: Petition for Review - Immigration. Kansas City Immigration Court. Neither the IJ nor the Board adequately explained or supported their determinations that petitioner's asylum application was frivolous, and the matter is remanded to the Board with instructions to reconsider and clarify the frivolousness determination.
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