Yan Liu v. Holder, 640 F.3d 918

Liu, a Chinese Falun Gong practitioner, sought asylum and withholding of removal in the U.S.; the IJ adverse credibility determination and a frivolousness finding were central to the disposition.
The BIA adopted the IJ’s credibility ruling but affirmed the frivolousness finding; the government later sought remand after a controlling decision in In re Y-L- (BIA) clarified procedural requirements for frivolousness.
Key disputes included (i) discrepancies about Liu’s uncle’s arrest dates, (ii) failure to mention Falun Gong at the airport interview, and (iii) a letter from Liu’s uncle regarding practice and alleged punishment by authorities.
The IJ relied on these grounds to deny asylum and withholding; the BIA upheld the credibility ruling but determined the four-part In re Y-L- framework was satisfied for frivolousness.
Liu petitioned for review arguing due process and that the frivolousness findings were not properly noticed or proven; the court conducted de novo review of the frivolousness issue while reviewing credibility for substantial evidence.
The court ultimately denied asylum and withholding, granted the petition as to frivolousness, and remanded for further proceedings consistent with its opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the BIA’s frivolousness finding was proper	Liu argues heightened requirements not met and inadequate notice.	BIA properly applied In re Y-L- framework and notice requirements.	Frivolousness vacated; remanded for further proceedings.
Whether the BIA/ IJ adequately relied on credibility grounds	Liu contends the adverse credibility finding rests on insufficient or misapplied grounds.	Record supports substantial evidence for adverse credibility.	Credibility upheld; asylum and withholding denied.
Due process in notice and opportunity to address grounds	Liu asserts inadequate notice and opportunity to explain specific frivolousness grounds.	The process satisfied applicable standards overall.	No due process violation found.

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) (insufficient airport-detail cannot support adverse credibility)
Soto-Olarte v. Holder, 555 F.3d 1089 (9th Cir. 2009) (requirements for adverse credibility in hearings)
Khadka v. Holder, 618 F.3d 996 (9th Cir. 2010) (heightened substantive and procedural standards for frivolousness)
Ahir v. Mukasey, 527 F.3d 912 (9th Cir. 2008) (opportunity to address grounds for frivolousness; warning requirements)
Zhang v. Ashcroft, 388 F.3d 713 (9th Cir. 2004) (Falun Gong as a basis for asylum jurisdictional analysis)