1. A determination that an alien has filed a frivolous application for asylum, pursuant to section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2006), can be made in the absence of a final decision on the merits of the asylum application.

2. Withdrawal of an alien's asylum application after the required warnings and safeguards have been provided does not preclude a finding that the application is frivolous.

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Matter of X-M-C.pdf