KHADKA v. HOLDER

No. 05-75726.

618 F.3d 996 (2010)

Khagendra KHADKA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 18, 2010.


Attorney(s) appearing for the Case

Robert B. Jobe , Law Office of Robert B. Jobe , San Francisco, CA, for the petitioner.

Peter D. Keisler , Assistant Attorney General, and James E. Grimes , Senior Litigation Counsel, Civil Division; and Erica Miles (argued), Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC.

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 the petitioner had filed a frivolous petition. Under the circumstances presented by this...

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