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Kulakchyan v. Holder

United States Court of Appeals, Ninth Circuit

September 18, 2013

Hazmik Byuzand Kulakchyan, Petitioner,
v.
Eric H. Holder, Jr., Attorney General, Respondent.

Submitted August 26, 2013 [*] Pasadena, California

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A079-262-811

Areg Kazaryan, Glendale, California, for Petitioner.

Tony West, Assistant Attorney General, Civil Division; Michelle Gorden Latour, Assistant Director; and Tracie N. Jones, Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: Diarmuid F. O'Scannlain and Morgan Christen, Circuit Judges, and Brian M. Cogan, [**] District Judge.

SUMMARY [***]

Immigration

The panel denied a petition for review of the Board of Immigration Appeals' decision affirming an immigration judge's determination that petitioner knowingly filed a frivolous asylum application and that she was statutorily barred from adjustment of status and a waiver under 8 U.S.C. § 1182(i) on that basis.

The panel held that there was substantial evidence in the record to support the Board's determination that petitioner received adequate warnings about the potential consequences for filing a frivolous asylum application, and that her misrepresentations concerning her arrival date were material to the asylum claim she filed and later withdrew.

The panel gave Chevron deference to the Board's decision in Matter of X-M-C-, 25 I. & N. Dec. 322 (B.I.A. 2010), which held that the only action required to trigger a frivolousness inquiry is the filing of an asylum application and that the Board is not prevented from finding that an application is frivolous simply because the applicant withdrew the application or recanted false statements.

OPINION

PER CURIAM

Petitioner seeks review of the Board of Immigration Appeals' ("BIA") order affirming the Immigration Judge's ("IJ") decision declaring her asylum application frivolous. For the reasons set forth below, the petition for review is denied.

I

Petitioner, a native and citizen of Armenia, applied for asylum and provided a false arrival date on both her application and during her asylum interview. An asylum officer denied petitioner's application as time-barred after discovering her actual arrival date and petitioner was placed in removal proceedings. Petitioner eventually withdrew her request for asylum, and instead sought an ...


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