LUCIANA v. ATTORNEY GENERAL OF U.S.

No. 05-3544.

502 F.3d 273 (2007)

Wandayani LUCIANA, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

September 17, 2007.


Attorney(s) appearing for the Case

Lisa A. Baird, Philadelphia, PA, for Petitioner.

Peter D. Keisler, Assistant Attorney General Civil Division, Richard M. Evans, Mark L. Gross, Wonkee Moon, Department of Justice, Washington, DC, for Respondent.

Before: McKEE and ALDISERT, Circuit Judges, and RESTANI, Judge.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

This petition by Wandayani Luciana for review of an order of the Board of Immigration Appeals ("BIA" or "Board") requires us to decide whether a single fabricated incident in Petitioner's time-barred asylum application renders the application frivolous and consequently renders her permanently ineligible for any and all benefits under the Immigration and Nationality Act. We conclude as a matter of law that Petitioner...

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