LIU v. WHITAKER (2018)

MEMORANDUM **

Jianhua Liu, a native and citizen of China, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision that found Liu had filed a frivolous asylum application. We have jurisdiction under 8 U.S.C. § 1252. We review de novo, Kulakchyan v. Holder, 730 F.3d 993, 995 n.1 (9th Cir. 2013), and we deny the petition for review.

The agency did not err in finding Liu filed a frivolous asylum application where it complied with the procedural requirements of In re Y-L-, 24 I. & N. Dec. 151, 151-52 (BIA 2007). A preponderance of the evidence supports the agency's finding that Liu deliberately fabricated a material element of his application. See 8 C.F.R. § 1208.20 (“[A]n asylum application is frivolous if any of its material elements is deliberately fabricated.”); Ahir v. Mukasey, 527 F.3d 912, 918-19 (9th Cir. 2008). Further, Liu was given “ample opportunity ․ to address and account for any deliberate, material fabrications[.]” See Ahir, 527 F.3d at 919 (citation and internal quotation marks omitted).

PETITION FOR REVIEW DENIED.