In Matter of X-M-C, 25 I&N Dec. 322 (BIA 2010), the Board held that a frivolous finding for an asylum application can be made despite the lack of a final decision on the merits. The Board also held that a withdrawal of the asylum application after the warnings and safeguards have been provided to the alien does not preclude a frivolous finding. This is another case that should serve notice to foreigners to be more careful in filing asylum applications.
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