Khadka v. Holder
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge THOMAS; Partial Concurrence and Partial Dissent by Judge HALL.
OPINION
THOMAS, Circuit Judge:
This petition for review presents us with the question of whether an adverse credibility finding by an immigration judge (“IJ”) based solely on the IJ’s belief that the petitioner created a document for the purpose of supporting an asylum application can sustain a sua sponte finding that *999the petitioner had filed a frivolous petition. Under the circumstances presented by this case, when the possibility of such a finding was not raised by the government or by the IJ, we conclude that the…
2Cases cited15 opinions
- Gurmeet Singh Malhi, AKA Parpal Singh Malli Davinder Singh v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
- Corovic v. MukaseyCourt of Appeals for the Second Circuit · 2008
- Chun He Li v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Biao Yang v. GonzalesCourt of Appeals for the Second Circuit · 2007
- Jiamu Wang v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
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3Cited by29 opinions
- Yan Liu v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Baljinder Cheema v. Eric H. Holder Jr.Court of Appeals for the Ninth Circuit · 2012
- Hazmik Kulakchyan v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2013
- Wisam Yousif v. Loretta E. LynchCourt of Appeals for the Sixth Circuit · 2015
- Liu v. HolderCourt of Appeals for the Ninth Circuit · 2011
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