United States Eleventh Circuit

Denials of applications for asylum and withholding of removal, and finding pplications were frivolous, are vacated where: 1) the frivolity determination was not based on a specific finding that petitioners deliberately fabricated a material element of their applications; and 2) petitioners were not allowed a sufficient opportunity to account for the inconsistencies relied on by the IJ in making the frivolity determination.

Appellate Information

• Decided 10/26/2006
• Published 10/26/2006

Judges

• BIRCH, Circuit Judge:, Before BIRCH, PRYOR and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Socheat Chea, Duluth, GA, for Petitioners.


• For Appellees:
  
• Anthony P. Nicastro, David V. Bernal, Margaret K. Taylor, U.S. Dept. of Justice, OIL, Civ. Div., Washington, DC, for Respondent.