Legal Opinion

Khadka v. Holder

Court of Appeals for the Ninth Circuit

Decided August 18, 2010No. 05-75726PublishedCited by 29 opinions

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

  1. Gurmeet Singh Malhi, AKA Parpal Singh Malli Davinder Singh v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
  2. Corovic v. MukaseyCourt of Appeals for the Second Circuit · 2008
  3. Chun He Li v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  4. Biao Yang v. GonzalesCourt of Appeals for the Second Circuit · 2007
  5. Jiamu Wang v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003

10 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Yan Liu v. HolderCourt of Appeals for the Ninth Circuit · 2011
  2. Baljinder Cheema v. Eric H. Holder Jr.Court of Appeals for the Ninth Circuit · 2012
  3. Hazmik Kulakchyan v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2013
  4. Wisam Yousif v. Loretta E. LynchCourt of Appeals for the Sixth Circuit · 2015
  5. Liu v. HolderCourt of Appeals for the Ninth Circuit · 2011

24 more not listed; retrieve them via the Exa API.

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