Luciana v. Attorney General of the United States

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This petition by Wandayani Luciana for review of an order of the Board of Immigration Appeals (“BIA” or “Board”) requires us to decide whether a single fabricated incident in Petitioner’s time-barred asylum application renders the application frivolous and consequently renders her permanently ineligible for any and all benefits under the Immigration and Nationality Act. We conclude as a matter of law that Petitioner’s petition was not frivolous, and we will grant this petition for review.

I

Luciana is an Indonesian national of Chinese ancestry. She…