Ursini

Ursini v. Gonzales

Good Law
205 F. App'x 496
United States Court of Appeals for the Ninth CircuitNovember 7, 2006No. 04-72638California373 words

Opinion

Lead Opinion

MEMORANDUM ***

1. The IJ correctly found that petitioner lacked credibility, because she submitted two false documents that went to the heart of her asylum claim. After submission of the first false document, petitioner was afforded an opportunity to submit additional documentation. In response, she submitted another document that the IJ determined to be fraudulent. It was thus more than “reasonable to infer that a[n applicant] with a legitimate claim does not usually find it necessary to invent or fabricate documents in order to establish asylum eligibility.” Matter of O-D- 211. & N. Dec. 1079, 1083, 1998 WL 24904 (BIA 1998). Because substantial evidence supports the adverse credibility finding and no other evidence submitted compels us to conclude to the contrary, her asylum claim necessarily fails. See 8 U.S.C. 1252(b)(4)(B). Petitioner thus similarly fails to qualify for withholding of removal. See Acewicz v. INS, 984 F.2d 1056, 1062 (9th Cir.1993).

2. An asylum application may be found frivolous if: (1) petitioner received notice of the consequences of filing a frivolous application, 8 U.S.C. 1158(d)(4)(A); (2) “any of its material elements is deliberately fabricated,” 8…

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