BIAO YANG v. GONZALES

Docket Nos. 06-2735-ag, 06-3224-ag.

496 F.3d 268 (2007)

BIAO YANG, Petitioner-Appellant, v. Alberto GONZALES, United States Attorney General, Respondent-Appellee. Ming Liang Lin, Petitioner-Appellant, v. Alberto Gonzales, United States Attorney General, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 31, 2007.


Attorney(s) appearing for the Case

Raymond Lo, Kuzmin & Associates, P.C. (Vlad Kuzmin, Kuzmin & Associates, P.C., on the brief), New York, NY, for Petitioner-Appellant Biao Yang.

Christopher Fuller, Office of Immigration Litigation, Washington, D.C. (David L. Huber, United States Attorney for the Western District of Kentucky, Monica Wheatley, Assistant United States Attorney, Louisville, KY, on the brief), for Respondent-Appellee Alberto Gonzales.

Joshua Bardavid, Law Office of Jan Potemkin, New York, NY, for Petitioner-Appellant Ming Liang Lin.

Christopher Fuller, Office of Immigration Litigation, Washington, D.C. (Paul I. Perez, United States Attorney for the Eastern District of Florida, Karin B. Hoppmann & Linda Julin McNamara, Assistant United States Attorneys, Tampa, FL, on the brief), for Respondent-Appellee Alberto Gonzales.

Before: STRAUB, POOLER, and B.D. PARKER, Circuit Judges.


PER CURIAM:

Recently, the Board of Immigration Appeals ("BIA") set down standards for reviewing determinations that an applicant's asylum application was frivolous under section 208(d) of the Immigration and Nationality Act ("INA"), 8 U.S.C. §§ 1158(d)(4), (6). In re Y-L-, 24 I. & N. Dec. 151, 155 (B.I.A.2007). In the two cases currently before us, consolidated for disposition, the BIA upheld frivolousness...

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