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"Because the IJ did not determine whether, at the time that Yousif submitted his application, contemporary conditions in Iraq were so dangerous for Chaldean Christians that Yousif would have been eligible for asylum based solely upon his religion, the IJ failed to determine whether Yousif’s misrepresentations were material to his application when they were made. We therefore grant the petition, vacate the Board’s decision, and remand for further proceedings.
... In view of the text of § 1158(d)(6) and the drastic consequences of the IJ’s frivolousness finding, we require a reasoned explanation from the Board for affirming the IJ’s ruling. On the current state of the record, it is clear that the IJ failed properly to determine whether Yousif’s false statements were material to his application at the time that it was made. We therefore remand to the Board with instructions to reconsider and clarify its frivolousness finding, explaining whether and how the text of § 1158(d)(6) and its implementing regulations apply to Yousif’s atypical circumstances." - Yousif v. Lynch, Aug. 7, 2015.
[Hats off to Marshal Hyman and Russell Abrutyn!]