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Keywords

tortattorneyappealregulationasylumlienscredibility

tortattorneyappealregulationtreatyasylumlienscredibility

Related Cases

Biao Yang v. Gonzales

Facts

Petitioner Biao Yang, a native and citizen of the People's Republic of China, applied for asylum and withholding of removal under the INA and for relief under the United Nations Convention Against Torture. Immigration Judge Paul A. DeFonzo denied Yang's application based on findings that Yang's asylum application was time-barred and that he lacked credibility. The IJ also concluded that Yang's application was frivolous. Similarly, petitioner Ming Liang Lin's claims were denied on adverse credibility grounds, with the IJ also concluding that Lin's application was frivolous.

Petitioner Biao Yang, a native and citizen of the People's Republic of China, applied for asylum and withholding of removal under the INA, 8 U.S.C. 1158 , 1231(b)(3) , and for relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ('CAT'), Dec. 10, 1984, S. Treaty Doc. No. 100-20, 1465 U.N.T.S. 85. In January 2005, Immigration Judge ('IJ') Paul A. DeFonzo denied Yang's application based on his findings that Yang's asylum application was time-barred, see 8 U.S.C. 1158(a)(2)(B) , and that Yang lacked credibility. The IJ also concluded that petitioner's application was frivolous under 8 U.S.C. 1158(d)(4) , (6). The decision was affirmed by the BIA on May 10, 2006, 'except insofar as [the IJ] found that [Yang] had not established extraordinary circumstances for failing to meet the 1-year deadline for filing an asylum application.'

Issue

Whether the Board of Immigration Appeals (BIA) erred in affirming the Immigration Judges' (IJs) determinations that the aliens were not credible and had filed frivolous asylum applications.

Rule

The court applies the standard that an asylum application can be deemed frivolous if the Attorney General determines that an alien has knowingly made a frivolous application for asylum, as outlined in 208(d) of the Immigration and Nationality Act (INA).

Analysis

The court found that substantial evidence supported the credibility findings made by the IJs, which were based on inconsistencies in the aliens' testimonies and lack of corroborating evidence. However, the court noted that the IJs did not make specific factual findings to support the frivolousness determinations as required by the regulations, leading to the conclusion that the frivolousness determinations were vacated.

Conclusion

The court denied the petitions for review regarding the adverse credibility rulings but granted the petitions for review concerning the frivolousness determinations, vacated those determinations, and remanded the cases for further proceedings.

Who won?

The petitioners prevailed in part, as the court vacated the frivolousness determinations due to the lack of specific factual findings by the IJs.

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