Alkadhi

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 15 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MOHMMAED ALKADHI, No. 23-41 Agency No. Petitioner, A088-551-091 v. MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted April 4, 2024 San Francisco, California

Before: M. SMITH, HURWITZ, and JOHNSTONE, Circuit Judges.

Mohammed Mohammed Alkadhi, a native and citizen of Yemen, petitions for

review of a decision of the Board of Immigration Appeals (“BIA”) remanding his

applications for adjustment of status and a waiver of inadmissibility to an

immigration judge (“IJ”) to determine whether Alkadhi had filed a frivolous asylum

application. Alkadhi’s asylum application asserted fear of persecution because of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. his membership in a particular social group of Yemeni insurgents.…