Mei Juan Zheng v. Holder

KATZMANN, Circuit Judge:

This case is before us following our decision in Mei Juan Zheng v. Mukasey, 514 F.3d 176, 181 (2d Cir.2008), in which we concluded that petitioner’s initial application for asylum contained deliberately fabricated material elements and that the IJ had followed the appropriate procedures before entering a frivolousness finding. Then, we also remanded the case to the BIA to consider: (1) whether “the IJ’s authority to 'determine that an alien has knowingly made a frivolous application for asylum’ [is] limited to circumstances in which that IJ makes ‘a final determination…