Shu Hu v. Eric H. Holder Jr.

MEMORANDUM

Shu Jie Hu, a native and citizen of China, petitions for review of the decision of the Board of Immigration Appeals (BIA), which affirmed the finding of an Immigration Judge (IJ) that Hu filed a frivolous asylum application — a finding that forever bars her from receiving any benefits under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. (“INA”).Because the parties are familiar with the facts, we repeat them only as necessary to illuminate our decision. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Hu argues that she was denied due process because (1) the IJ who presided over her case was biased against her as a result of a previous IJ’s allegedly prejudicial comments, and (2) the admission into evidence of a suspicious stack of documents, which Hu left behind in the courtroom after her asylum hearing, was fundamentally unfair. She argues also that the record does not support the frivolousness finding and that the IJ did not make sufficient findings regarding which elements of her asylum claim were fabricated.

1. IJ Bagley’s comments, taken as a whole and in context, confirm that he did not demonstrate improper…