Matter of B-Y- (5/6)
May 7, 2010
**Frivolous asylum, adverse credibility**
First, in making a frivolousness determination, an IJ may incorporate by reference any factual findings made in support of an adverse credibility finding, so long as the IJ makes explicit findings that the incredible aspects of the asylum application were material and were deliberately fabricated. Second, in considering an asylum applicant’s explanations for inconsistencies or discrepancies, an IJ making a frivolousness determination must separately address the applicant’s explanations in the context of how they may have a bearing on the materiality and deliberateness requirements unique to that determination. Due to the differing burdens of proof, explanations that fail to meet the burden in the credibility determination may be sufficient to tip the balance in the other direction in the context of the frivolousness determination. In addition, explanations offered may have a bearing on the determination of materiality or deliberateness of fabrication. Third, when the required frivolousness warnings have been given to an asylum applicant prior to the merits hearing, the IJ is not required to afford additional warnings or to seek further explanation in regard to inconsistencies that have become obvious during the course of the hearing.
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newimmigrationcases
hallo,
how is it posible that a case onder seal, is on your website?
thank you,
pettitioner
Hi-
All cases on my website are already public and can be found on the respective courts’ websites.