Yan Liu v. Holder

Good Law
640 F.3d 918·2011 WL 1651244
United States Court of Appeals for the Ninth CircuitFebruary 23, 2011No. 08-72849California5,267 words

Opinion

Lead Opinion

Fisher, J.

ORDER

The motion to amend the opinion, filed March 25, 2011, is GRANTED IN PART and DENIED IN PART.

The opinion filed on February 23, 2011, slip op. 2789, and appearing at 632 F.3d 1150 (9th Cir.2011), is AMENDED as follows:

In Section II.B of the opinion, at slip op. 2806 through 2807, 632 F.3d at 1160, the sixth paragraph, which states:

shall be DELETED.

In the next paragraph of the same section, at slip op. 2807, 632 F.3d at 1161, the final sentence, which states:

shall be DELETED.

In Section II.C of the opinion, at slip op. 2807, 632 F.3d at 1161, the first sentence of the first paragraph, which states:

shall be DELETED and REPLACED with the following sentence:

Appellant’s petition for panel rehearing, filed April 8, 2011, is DENIED.

No future petitions for rehearing or petitions for rehearing en banc will be entertained.

OPINION

This appeal concerns the distinction between an applicant for asylum whose testimony lacks credibility and one who has “deliberately fabricated” material aspects of her application, and focuses on the heightened protections that condition the latter finding. “[A]n asylum application is frivolous if any of its material elements is…

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