For applications filed on or after April 1, 1997, an applicant is subject to the provisions of section 208(d)(6) of the Act only if a final order by an immigration judge or the Board of Immigration Appeals specifically finds that the alien knowingly filed a frivolous asylum application. For purposes of this section, an asylum application is frivolous if any of its material elements is deliberately fabricated. Such finding shall only be made if the immigration judge or the Board is satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to account for any discrepancies or implausible aspects of the claim. For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal.
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8 CFR 1208.20 : Aliens And Nationality (§ 1.1 To Parts 1338-1399) — (§ 1.1 To Parts 1338-1399) — Executive Office For Immigration Review, Department Of Justice (Part 1000 To Parts 1338-1399) — Immigration Regulations (§ 1101.1 To § 1292.6) — Procedures For Asylum And Withholding Of Removal (§ 1208.1 To § 1208.31) — Asylum And Withholding Of Removal (§ 1208.1 To §§ 1208.25-1208.29) — Determining if an asylum application is frivolous.
4 Aug 2016