Amit Mehra v. Loretta E. Lynch

MEMORANDUM

Petitioner Amit Mehra, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252 . The agency’s determination that an applicant knowingly made a frivolous application for asylum is reviewed de novo for compliance with the procedural framework set forth by the BIA. Kulakchyan v. Holder, 730 F.3d 993, 995 , 995 n. 1 (9th Cir. 2013) (citing the procedural safeguards set forth in Matter of Y-L-, 24 I. & N. Dec. 151 (BIA 2007)). We review for substantial evidence the agency’s findings of fact, see id., and we review de novo due process claims, Zetino v. Holder, 622 F.3d 1007, 1011 (9th Cir. 2010).

Considering the Matter of Y-L- safeguards, the agency found that Mehra filed a frivolous asylum application and denied his application for adjustment of status. Mehra does not argue the agency failed to make a specific finding that he filed a frivolous application or did not afford him a sufficient opportunity to account for discrepancies or implausible aspects of his claim.…