Yan Liu v. Holder’s Empirical Analysis

Citation profile

2 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In support of its ruling, the BIA also cited the IJ's fourth ground for the frivolousness finding—the discrepancy between the dates of Liu's uncle's arrest. As discussed previously, Liu did have some opportunity to explain this discrepancy, and we have agreed the IJ was justified in finding her explanation not credible. But an opportunity to explain that is sufficient to support an adverse credibility determination does not necessarily support a frivolousness finding. Here, Liu's explanation of the date discrepancy suggests she understood the IJ might have been questioning the credibility of her testimony, but not that she realized the IJ believed she was presenting a deliberately false claim to the court meriting a frivolousness finding. Liu might have been improvising in her varying recollections of the dates, and in suggesting that her uncle might have "screwed up" his arrest date in his letter. If the IJ thought Liu was outright lying in an effort to put forward a fraudulent asylum claim, the IJ needed to do more to make that clear to Liu so she could try to dispel that impression.”

   1 later decision quote this exact passage · from the majority
   e.g. Liu v. Holder

2. “Given the harsh consequences that follow from a frivolousness finding, the line between adverse credibility and fraud must be carefully maintained. The requirement that an applicant be given an opportunity to respond directly to a proposed frivolousness finding assists in doing so. An applicant whose testimony creates incongruities she cannot resolve might nonetheless persuade the IJ that the shortcomings in her claim do not warrant the more extreme finding of premeditated fraud. Cf. Khadka, 618 F.3d at 1004 (”

   1 later decision quote this exact passage · from the majority
   e.g. Liu v. Holder

3. “Asked why she did not mention the Falun Gong at her airport interview, she said she was tired, scared, confused and worried that she would be sent back if she discussed it. The asylum officer found her to be credible. [2] In February 2001, after an asylum hearing at which Liu testified and introduced evidence, the IJ denied Liu's application. The IJ first ruled (erroneously) that Liu could not qualify for asylum or withholding of removal because her membership in Falun Gong fell within neither the”

   1 later decision quote this exact passage · from the majority
   e.g. Liu v. Holder