Henny Laut v. Eric Holder, Jr.

MEMORANDUM

Henny Laut (“Petitioner”), a native and citizen of Indonesia, appeals the decision of the Board of Immigration Appeals (“BIA”) entering a finding of frivolousness as to Petitioner’s asylum application, and the BIA’s affirmation of the Immigration Judge’s denial of withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition. We also grant the motion to supplement the record.

Petitioner’s accounts of targeted violence and temple-burning were material elements of her asylum application under 8 C.F.R. § 1208.20 . See, e.g., Khadka v. Holder, 618 F.3d 996, 1002 (9th Cir.2010). Petitioner knowingly and intentionally misrepresented these accounts in her asylum application and interview. Such deliberate fabrication is all that is necessary to establish the scienter requisite for a finding of frivolousness. Matter of Y-L-, 24 I. & N. Dec. 151, 156 (BIA 2007). The BIA properly reviewed de novo the application of the framework set forth in Matter of Y-L-. See id. at 158-59; 8 C.F.R. § 1003.1 (d)(3)(h). However, the result for Petitioner is unchanged even if the BIA had reviewed a question of fact, requiring application of the “clear error”…