Boendi Limbeya v. Eric H. Holder, Jr., 764 F.3d 894

Limbeya, a DRC national admitted on an F-1 visa in 2005, applied for asylum in August 2005 claiming persecution as a human-rights reporter; his application listed “Eric Mafuidi” as the preparer.
DHS charged removability for failure to maintain student status; Limbeya conceded removability and sought asylum, withholding, CAT relief, and later adjustment of status based on marriage.
At an IJ hearing Limbeya testified Mafuidi prepared the application and that the application contents were true; government rebuttal included an affidavit from Coco Kabongo and testimony from DHS agent Broadman indicating Kabongo (not Mafuidi) prepared fabricated asylum applications and used aliases.
Limbeya later filed an affidavit recanting his testimony about Mafuidi, stating Kabongo translated and prepared the application and that he had never met Mafuidi; the IJ found him not credible and deemed the asylum application frivolous based on the false preparer name.
The BIA affirmed, treating the rebuttal evidence as proper impeachment and upholding frivolousness because Limbeya’s affidavit did not explicitly state the application contents were his own; the agency refused to reach withholding/CAT because of adverse credibility.
The Eighth Circuit granted review, agreeing evidence admission was permissible but vacated and remanded because the BIA/IJ did not adequately identify or explain which "material element" was deliberately fabricated to support a frivolousness finding.

Issue	Limbeya's Argument	Government's Argument	Held
Admissibility of Kabongo affidavit and Broadman testimony	Agency should not rely on hearsay without chance to cross-examine Kabongo	Evidence was rebuttal/impeachment and admissible; immigration proceedings have relaxed rules	Admission was proper; evidence used mainly as impeachment and did not prejudice outcome
Adverse credibility finding	IJ failed to credit that Limbeya was "surprised, confused, and scared" and timely recanted	Credibility properly assessed; Limbeya lied before rebuttal evidence and IJ considered explanation	Adverse credibility supported by record; BIA did not err in affirming it
Whether asylum application was "frivolous" under 8 C.F.R. §1208.20	Preparer's name is not a material element; Limbeya did not admit fabricating substantive asylum facts	False preparer identity casts doubt on veracity of the whole application; credibility is always material	Remanded: agency failed to articulate cogent, specific finding identifying a deliberately fabricated "material element" necessary to support frivolousness
Consequences for withholding/CAT and adjustment of status	Frivolousness finding improperly barred relief and adjustment	Frivolousness and adverse credibility defeat related claims and adjustment eligibility	Court vacated BIA decision and remanded for clarification before denying other relief; outcomes not resolved on appeal

Matul-Hernandez v. Holder, 685 F.3d 707 (8th Cir. 2012) (standard for reviewing BIA decisions and when IJ reasoning is adopted)
Tun v. Gonzales, 485 F.3d 1014 (8th Cir. 2007) (traditional evidence rules do not strictly apply in immigration proceedings; probative and fundamentally fair standard)
Zine v. Mukasey, 517 F.3d 535 (8th Cir. 2008) (adverse credibility can be fatal to related asylum, withholding, and CAT claims)
Aziz v. Gonzales, 478 F.3d 854 (8th Cir. 2007) (frivolousness standard and examples of material fabrication that materially bolster claims)
Eusebio v. Ashcroft, 361 F.3d 1088 (8th Cir. 2004) (substantial-evidence review of BIA factual findings)
Kungys v. United States, 485 U.S. 759 (U.S. 1988) (materiality test: misrepresentations that could influence the decision-making body)
Ignatova v. Gonzales, 430 F.3d 1209 (8th Cir. 2005) (fraudulent supporting documents can support a frivolousness finding)
Sandoval v. Holder, 641 F.3d 982 (8th Cir. 2011) (Board must articulate sufficient basis to permit meaningful appellate review)