Hazmik Kulakchyan v. Eric Holder, Jr., 730 F.3d 993 (9th Cir. 2013). · Go Syfert
Hazmik Kulakchyan v. Eric Holder, Jr., 730 F.3d 993 (9th Cir. 2013). Cases Citing This Book View Copy Cite
“we therefore join several of our sister circuits in holding that . . . a frivolousness finding based on a withdrawn application.”
60 citation events (60 in the last 25 years) across 3 distinct courts.
Strongest positive: Hakob Chilingaryan v. William Barr (ca9, 2020-04-14)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Hakob Chilingaryan v. William Barr (3×) also: Cited as authority (rule), Cited "see"
9th Cir. · 2020 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
we therefore join several of our sister circuits in holding that . . . a frivolousness finding based on a withdrawn application.
discussed Cited as authority (verbatim quote) Hong Khun v. Jefferson Sessions
9th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
the only action required to trigger a frivolousness inquiry is the filing of an asylum application
discussed Cited as authority (rule) Vides Giron v. Garland
9th Cir. · 2024 · confidence medium
“A ‘determination that an applicant knowingly made a frivolous application for asylum’ is reviewed de novo ‘for compliance with [the] procedural framework outlined by the BIA.’” Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (per curiam) (quoting Khadka v. Holder, 618 F.3d 996, 1002 (9th Cir. 2010)).
cited Cited as authority (rule) Marco Polo v. Merrick Garland
9th Cir. · 2023 · confidence medium
Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (per curiam). 1.
cited Cited as authority (rule) Atud v. Garland
9th Cir. · 2023 · confidence medium
Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (per curiam).
discussed Cited as authority (rule) Volanos-Vega v. Garland
9th Cir. · 2023 · confidence medium
“Whether the IJ properly applied the regulatory framework is a question of law” that we review de novo, while administrative findings of fact “are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (citations omitted).
discussed Cited as authority (rule) Kerota v. Garland
9th Cir. · 2023 · confidence medium
“Whether the IJ properly applied the regulatory framework is a question of law” that we review de novo, while administrative findings of fact “are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (citations omitted).
discussed Cited as authority (rule) Mahesh Sital v. Merrick Garland
9th Cir. · 2022 · confidence medium
“A ‘determination that an applicant knowingly made a frivolous application for asylum’ is reviewed de novo ‘for compliance with [the] procedural framework outlined by the BIA.’” Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (per curiam) (quoting Khadka v. Holder, 618 F.3d 996, 1002 (9th Cir. 2010)). “‘Whether the IJ properly applied the regulatory framework is a question of law,’ . . . and therefore is reviewed de novo.” Id. (quoting Khadka, 618 F.3d at 1002 ).
examined Cited as authority (rule) Sovanny Pal v. William Barr (3×) also: Cited "see", Cited "see, e.g."
9th Cir. · 2020 · signal: cf. · confidence medium
Cf. Kulakchyan, 730 F.3d at 996 (holding that the petitioner had “several months to craft her explanation in response” to the government’s motion to pretermit her application for asylum based on the frivolous asylum bar, and this time period gave her a sufficient opportunity to respond).
discussed Cited as authority (rule) Ahmed Mohamed v. William Barr
9th Cir. · 2019 · confidence medium
“A ‘determination that an applicant knowingly made a frivolous application for asylum’ is reviewed de novo ‘for compliance with [the] procedural framework outlined by the BIA.’” Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (quoting Khadka v. Holder, 618 F.3d 996, 1002 (9th Cir. 2010)). “‘Whether the IJ properly applied the regulatory framework is a question of law,’ id., and therefore is reviewed de novo.” Id. (quoting Madrigal v. Holder, 716 F.3d 499, 503 (9th Cir. 2013)).
examined Cited as authority (rule) Sebina Shah v. Jefferson Sessions (3×) also: Cited "see"
9th Cir. · 2017 · confidence medium
She stated that she understood me.” See Kulakchyan, 730 F.3d at 995 (holding that the standard warning is sufficient when it is provided in a language the applicant understands).
discussed Cited as authority (rule) Emma Petrosyan v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
We review the Board’s determination that an applicant knowingly filed a frivolous asylum application de novo “for compliance with the procedural framework outlined by the BIA.” Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (per curiam) (alteration and internal quotation marks omitted) (quoting Khadka v. Holder, 618 F.3d 996, 1002 (9th Cir. 2010)).
discussed Cited as authority (rule) Wisam Yousif v. Loretta E. Lynch (2×) also: Cited "see, e.g."
6th Cir. · 2015 · confidence medium
See Limbeya, 764 F.3d at 901 n. 4 (applicant seeking additional form of relief); Kulakchyan, 730 F.3d at 996 (application withdrawn); Mei Juan Zheng v. Holder, 672 F.3d 178, 184-85 (2d Cir.2012) (application withdrawn); Ghazali, 585 F.3d at 293 (application time-barred); Matter of X-M-C- 25 I. & N. Dec. at 324-26 (application withdrawn).
discussed Cited as authority (rule) Lichun Song v. Eric Holder, Jr. (2×) also: Cited "see"
9th Cir. · 2015 · confidence medium
Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir.2013).
discussed Cited "see" Jing Wang v. Merrick Garland
9th Cir. · 2022 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (holding that the petitioner had adequate notice because her “application-preparer certified that the application was read to her in her native language, and a separate interpreter certified that she read the warnings to petitioner with regard to the ‘Record of Applicant’s Oath During an Interview’”).
cited Cited "see" Sirak Eyob v. Merrick Garland
9th Cir. · 2021 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (per 2 curiam).
cited Cited "see" Martun Derbinyants v. William Barr
9th Cir. · 2020 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (per curiam) (stating standard).
discussed Cited "see" Kyaw Lin v. William Barr (2×)
9th Cir. · 2020 · signal: see · confidence high
Cheema v. Holder, 693 F.3d 1045, 1046 (9th Cir. 2012); see Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013).
cited Cited "see" Francisco Jaramillo-Laureano v. William Barr
9th Cir. · 2020 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993 , 995 n.1 (9th Cir. 2013) (per curiam).
discussed Cited "see" Xiuqin Yan v. William Barr
9th Cir. · 2020 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993 , 995- 96 (9th Cir. 2013) (upholding frivolous finding based on misrepresentation that “went to the very question of whether [petitioner’s] application” was barred by an eligibility requirement).
cited Cited "see" Baldev Manhani v. William Barr
9th Cir. · 2019 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993, 995 (9th Cir. 2013) (per curiam).
discussed Cited "see" Dhandayuthapani Thangavel v. Loretta E. Lynch (2×)
9th Cir. · 2016 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993, 996 (9th Cir. 2013).
cited Cited "see" Amit Mehra v. Loretta E. Lynch
9th Cir. · 2016 · signal: see · confidence high
See Kulakchyan, 730 F.3d at 996 .
cited Cited "see" Surinder Kaur v. Loretta E. Lynch
9th Cir. · 2015 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993, 996 (9th Cir.2013) (concluding that petitioner’s brief afforded her an adequate opportunity to explain her misrepresentations).
cited Cited "see" Seema Gundu v. Eric Holder, Jr.
9th Cir. · 2014 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993, 996 (9th Cir.2013) (holding that petitioner’s brief in opposition to pretermission motion provided sufficient opportunity to explain prior misrepresentations).
discussed Cited "see" Manjinder Singh v. Eric Holder, Jr.
9th Cir. · 2013 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993, 996 (9th Cir.2013) (“ § 1158(d)(6) permits a frivolousness finding based on a withdrawn application.”); Matter of X-M-C-, 25 I. & N. Dec. 322, 324-26 (B.I.A.2010) (IJ “not prevented from finding that an application is frivolous simply because the applicant withdrew the application or recanted false statements” because “the only action required to trigger a frivolousness inquiry is the filing of an asylum application”).
discussed Cited "see" Rudi Irawan v. Eric Holder, Jr. (2×)
9th Cir. · 2013 · signal: see · confidence high
See Kulakchyan v. Holder, 730 F.3d 993, 996 , No. 09-71185, 2013 WL 5227053, at *2 (9th Cir. Sept. 18, 2013); see also Chen v. Mukasey, 527 F.3d 935, 943 (9th Cir.2008); In re X — M—C—, 25 I. & N. Dec. 322, 322 (BIA 2010). 7 .
cited Cited "see, e.g." M-M-A
BIA · 2022 · signal: see, e.g. · confidence medium
See, e.g., Kulakchyan v. Holder, 730 F.3d 993, 996 (9th Cir. 2013); Matter of X-M-C-, 25 I&N Dec. at 325–27.
cited Cited "see, e.g." Jirair Stepanian v. Jefferson Sessions
9th Cir. · 2017 · signal: see also · confidence medium
See Fernandes v. Holder, 619 F.3d 1069, 1076 (9th Cir. 2010); see also Kulakohyan v. Holder, 730 F.3d 993, 995-96 (9th Cir. 2013) (per curiam). 19 .
discussed Cited "see, e.g." M-S-B
BIA · 2016 · signal: see also · confidence low
In that case, the Ninth Circuit rejected the alien’s reliance on Luciana, noting that the misrepresentation regarding his date of entry “went to the very question of whether his application was time-barred in the first instance.” Id. at 1217 n.2; see also Kulakchyan v. Holder, 730 F.3d 993 , 995–96 (9th Cir. 2013) (citing Kalilu and concluding that a misrepresentation in an asylum application about the date of entry is material).
Retrieving the full opinion text from the archive…
Hazmik Byuzand KULAKCHYAN, Petitioner,
v.
Eric H. HOLDER, Jr., Attorney General, Respondent
09-71185.
Court of Appeals for the Ninth Circuit.
Sep 18, 2013.
730 F.3d 993
Areg Kazaryan, Glendale, CA, for Petitioner., Tony West, Assistant Attorney General, Civil Division; Michelle Gorden Latour, Assistant Director; and Trade N. Jones, Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.
Brian, Christen, Cogan, Diarmuid, Morgan, O'Scannlain, Per Curiam.
Cited by 38 opinions  |  Published  |  Agency

OPINION

PER CURIAM:

Petitioner seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) decision declaring her asylum application frivolous. For the reasons set forth below, the petition for review is denied.

I

Petitioner, a native and citizen of Armenia, applied for asylum and provided a false arrival date on both her application and during her asylum interview. An asylum officer denied petitioner’s application as time-barred after discovering her actual arrival date and petitioner was placed in removal proceedings. Petitioner eventually withdrew her request for asylum, and instead sought an adjustment of status and a waiver under 8 U.S.C. § 1182(i) (a “ § 212(i) waiver”).

The IJ granted the Department of Homeland Security’s (“DHS”) motion to pretermit petitioner’s applications for adjustment of status and a § 212(i) waiver on the basis that petitioner knowingly filed a frivolous asylum application. The BIA affirmed the IJ’s determination that petitioner knowingly filed a frivolous asylum application and that she was statutorily barred from adjustment of status and a § 212(i) waiver on that basis.

II

A “determination that an applicant knowingly made a frivolous application for asylum” is reviewed de novo “for compliance with [the] procedural framework outlined by the BIA.” Khadka v. Holder, 618 F.3d 996, 1002 (9th Cir.2010). [1] “Whether the IJ properly applied the regulatory framework is a question of law,” id., and therefore is reviewed de novo. See Madrigal v. Holder, 716 F.3d 499, 503 (9th Cir.2013). Administrative findings of fact, meanwhile, “are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003) (quoting 8 U.S.C. § 1252(b)(4)(B)).

Petitioner does not contend that the content of the warnings she received was inadequate, but rather argues only that she did not receive “thorough” translations of these warnings. But the evidence in the record is to the contrary. Petitioner’s application-preparer certified that the application was read to her in her native language, and a separate interpreter certified that she read the warnings to petitioner with regard to the “Record of Applicant’s Oath During an Interview.” The asylum officer’s notes confirm this. Thus, there was substantial evidence in the record to support the IJ’s and BIA’s findings that petitioner received the required warnings.

Likewise, there is no merit in petitioner’s argument that her misrepresentations concerning her entry date were immaterial. This court has already con-[*996] eluded that a misrepresentation in an asylum application about the date of entry is material, commenting that the misrepresentation “went to the very question of whether his application was time-barred in the first instance.” Kalilu v. Mukasey, 548 F.3d 1215, 1217 n. 2 (9th Cir.2008). And although petitioner argues that her misrepresentation was immaterial because she could have applied under the exception for changed or extraordinary circumstances, 8 U.S.C. § 1158(a)(2)(D), the fact remains that she never did so. Petitioner’s misrepresentation was thus material to the asylum claim that she did file; that she theoretically could have filed a different claim is irrelevant.

Petitioner’s argument that she did not receive a sufficient opportunity to explain her misrepresentations is also without merit. After DHS filed a motion to pretermit petitioner’s applications on November 26, 2006, petitioner filed an opposition brief on March 6, 2007. Petitioner thus had several months to craft her explanation in response to DHS’s motion, and did so. Petitioner is also incorrect that the IJ and BIA failed to give sufficient weight to her youth and lack of sophistication. The IJ considered and rejected this argument, and made factually-supported findings that petitioner “demonstrated a certain sophistication in misrepresenting” the story of her entry.

Ill

In Chen v. Mukasey, 527 F.3d 935, 940-43 (9th Cir.2008), we suggested that 8 U.S.C. § 1158(d)(6) likely permits a finding of frivolousness even where an alien withdraws a frivolous application, but remanded to the BIA to interpret the statute in the first instance. The BIA has now held, in a published opinion, that the “the only action required to trigger a frivolousness inquiry is the filing of an asylum application” and that the IJ and BIA “are not prevented from finding that an application is frivolous simply because the applicant withdrew the application or recanted false statements.” Matter of X-M-C-, 25 I. & N. Dec. 322, 325-26 (B.I.A.2010).

Even if 8 U.S.C. § 1158(d)(6) were ambiguous with regard to this question, this Court nonetheless would owe Chevron deference to the BIA’s published interpretation of a statute. See Arteagar-De Alvarez v. Holder, 704 F.3d 730, 739 (9th Cir. 2012). The BIA’s interpretation of 8 U.S.C. § 1158(d)(6) is reasonable, and well-grounded in the policy behind that statute, which is “to prevent petitioners from making frivolous applications.” Chen, 527 F.3d at 943. We therefore join several of our sister circuits in holding that § 1158(d)(6) permits a frivolousness finding based on a withdrawn application. See Zheng v. Holder, 672 F.3d 178, 180 (2d Cir.2012); Lazar v. Gonzales, 500 F.3d 469, 476-77 (6th Cir.2007).

PETITION DENIED.

1

. The BIA’s framework requires compliance with the following safeguards: (1) notice to the alien of the consequences of filing a frivolous application; (2) a specific finding that the alien knowingly filed a frivolous application; (3) sufficient evidence in the record to support the finding that a material element of the asylum application was deliberately fabricated; and (4) an indication that the alien has been afforded sufficient opportunity to account for any discrepancies or implausible aspects of the claim. See Matter ofY-L-, 24 I. & N. Dec. 151 (B.I.A.2007).