Wednesday, June 20th, 2018

CA2 on frivolousness finding: Zheng II

"Petition for review of an August 30, 2010 Board of Immigration Appeals (“BIA” or the “Board”) unpublished decision affirming an immigration judge’s (“IJ”) April 30, 2003 decision finding that Mei Juan Zheng (“Zheng” or “petitioner”) filed a frivolous asylum application. Zheng’s petition returns to this Court after a February 1, 2008 opinion remanding the case to the BIA to consider whether: (1) a “frivolousness finding” can be entered against an alien who has withdrawn her asylum application; and (2) an IJ retains any discretion to decline to make a frivolousness finding. We hold that the BIA’s conclusion that a withdrawn asylum application can serve as the basis of a frivolousness finding is reasonable, but that the BIA’s decision