United States Ninth Circuit

Liberian native's petition for review of an adverse decision determining that he filed a frivolous asylum application, denying his claims for asylum and related relief, denying his request for voluntary departure, and denying his motion to reopen, is granted in part and remanded for the BIA to reconsider its frivolousness determination in light of In re Y-L-, 24 I. & N. Dec. 151 (BIA 2007), and for a renewed exercise of the agency's discretion with respect to petitioner's motion to reopen, because the BIA's denial of the motion solely on jurisdictional grounds constituted an abuse of discretion.

Appellate Information

• Argued 12/03/2007
• Decided 02/14/2008
• Published 02/14/2008

Judges

• PER CURIAM:, Before: D.W. NELSON, STEPHEN REINHARDT, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Socheat Chea, Esq., Duluth, GA, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, Esq., Linda S. Wendtland, Esq., Holly Smith, Esq., Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for the respondent.