United States Ninth Circuit

In a petition for review of the denial of petitioner's asylum application, the petition is granted in part where: 1) the IJ erred in finding petitioner's application to be frivolous because that finding was required to be based on evidence indicating that a material element of the claim was actually false; and 2) the IJ erred by not informing petitioner that he was considering making a frivolousness finding or otherwise giving petitioner sufficient opportunity to account for any of the alleged discrepancies and implausibilities in the record other than those few that supported the government's suspicions that a newspaper article was fabricated.

Appellate Information

• Decided 08/18/2010
• Published 08/18/2010

Judges

• Sidney R. Thomas

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert B. Jobe, Peter D. Keisler