Liu v. Holder
632 F.3d 1150
9th Cir.2011Background
- Liu, a Chinese Falun Gong practitioner, arrived in the U.S. in 2000 via smuggling; she sought asylum claiming Falun Gong persecution and fear of removal.
- An airport interview failed to mention Falun Gong, while the asylum officer later found her credible in the first asylum interview.
- At the IJ hearing, the judge found multiple credibility problems: conflicting dates of her uncle's arrest, the uncle's letter omitting Falun Gong practice with Liu, and an implausible explanation for the letter's inconsistencies.
- The IJ additionally found grounds for a frivolous asylum claim, including the alleged fabrication surrounding the uncle's arrest dates and Falun Gong practice, relying on four grounds.
- The BIA affirmed the adverse credibility finding but the frivolousness finding was remanded due to procedural deficiencies; this court granted relief on frivolousness and remanded for proper consideration, while denying asylum and withholding of removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility sufficiency for asylum claim | Liu argues credibility issues were not substantial | Defects in Liu's credibility support denial | Denied; substantial evidence supports credibility finding for asylum |
| Frivolousness standard met | Liu contends grounds insufficient; inadequate notice | BIA properly found grounds for frivolousness | Granted in part; frivolousness finding vacated and remanded for proper notice and opportunity to explain |
| Due process concerns | IJ prejudged merits; prosecutorial posture | No due process violation | No due process violation; remand limited to frivolousness issue. |
Key Cases Cited
- Li v. Ashcroft, 378 F.3d 959 (9th Cir. 2004) (airport interview credibility considerations)
- Yan Xia Zhu v. Mukasey, 537 F.3d 1034 (9th Cir. 2008) (airport statements lack of detail not always credible)
- Soto-Olarte v. Holder, 555 F.3d 1089 (9th Cir. 2009) (adverse credibility standards guidance)
- In re Y-L-, 24 I. & N. Dec. 151, 24 I. & N. Dec. 151 (BIA 2007) (frivolousness framework and four procedural requirements)
- Khadka v. Holder, 618 F.3d 996 (9th Cir. 2010) (heightened standards for frivolousness finding)
- Ahir v. Mukasey, 527 F.3d 912 (9th Cir. 2008) (adopts Y-L- framework for review)
- In re B-Y-, 25 I. & N. Dec. 236, 25 I. & N. Dec. 236 (BIA 2010) (clarifies opportunity to account for discrepancies before frivolousness finding)