BIA on Frivolous Asylum Claims

Matter of X-M-C-, Interim Decision #3693, 25 I&N Dec. 322 (BIA 2010)

(1) A determination that an alien has filed a frivolous application for asylum, pursuant to section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2006), can be made in the absence of a final decision on the merits of the asylum application.

(2) Withdrawal of an alien’s asylum application after the required warnings and safeguards have been provided does not preclude a finding that the application is frivolous.

Ricky Malik
Attorney at Law