The Board of Immigration Appeals has determined that when “the DHS argues that the mandatory bar for filing a frivolous asylum application applies, the Immigration Judge errs in not addressing the issue and making sufficient factual findings on whether the requirements for a frivolousness determination have been met.” The Board left open the possibility that an Immigration Judge might have the discretion not to enter a frivolous finding even if the requirements for such a determination have been met.

The full text of Matter of M-M-A can be found here:
https://www.justice.gov/eoir/page/file/1482556/download

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