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Immigration Law

CA9 on Reasonable Fear Determinations, Reinstatement, Standard of Review: Andrade-Garcia v. Lynch

Andrade-Garcia v. Lynch, Apr. 29, 2016 - "Nelson Andrade-Garcia petitions for review of the immigration judge’s determination, in a reasonable fear proceeding, that he lacked a reasonable fear of torture and therefore is not entitled to relief under the Convention Against Torture (CAT) from his reinstated removal order. ... Contrary to the government’s argument, our review of the immigration judge’s determination is not limited to the question whether it was “facially legitimate and bona fide.” Kleindienst v. Mandel, 408 U.S. 753, 769 (1972). Rather, we review the decision for substantial evidence..."