Alvarez-Gomez v. Garland "Gustavo Alexis Alvarez-Gomez, a citizen of El Salvador, petitions this court for review of the denial of his application for withholding of removal under the Immigration and Nationality Act (INA) and reversal of withholding... Read More
Chavez-Escamilla v. Garland (unpub.) "Chavez-Escamilla argues that the BIA erred in applying the clearly erroneous standard because it did not defer to the IJ’s factual findings. ... The BIA failed to correctly apply the clearly erroneous... Read More
Villegas-Castro v. Garland "We conclude that the Board erred in three ways. First, the Board erred in overturning the grant of asylum. The Board decided that Mr. Villegas-Castro had not filed a new application. But if he hadn’t filed a new... Read More
"The Board of Immigration Appeals’ (BIA or Board) governing regulations limit its scope of review of an immigration judge’s (IJ) factual findings. Under 8 C.F.R. § 1003.1(d)(3)(i), (iv), the BIA may only review findings of fact for... Read More
"Petition to review the March 26, 2010, order of the Board of Immigration Appeals, Matter of H-L-H- & Z-Y-Z-, 25 I. & N. Dec. 209 (B.I.A. 2010), rev’g Nos. A098 363 500/499 (Immig. Ct. N.Y.C. Feb. 12, 2008), denying application for... Read More
Lin v. Lynch, Feb. 11, 2016 - "This petition to review a decision of the Board of Immigration Appeals (“BIA”) requires consideration of the standard of review for a court of appeals considering the BIA’s determination that an Immigration... Read More
"Ridore argues that the BIA acted beyond the scope of its authority under 8 C.F.R. § 1003.1(d)(3) by reviewing the IJ’s findings under a de novo rather than clear error standard and improperly engaging in its own factfinding. We agree... Read More
Alimbaev v. Atty. Gen., Sept. 25, 2017 - "This disconcerting case, before our Court for the second time, has a lengthy procedural history marked by conflict between the Board of Immigration Appeals (BIA) and the Immigration Judge (IJ) and fueled... Read More
"At issue in this appeal is whether the BIA erred when it overturned the immigration judge’s (“IJ”) factual findings -- particularly the finding that Zhu would likely be forcibly sterilized upon returning to China -- not through... Read More
"Assuming that intent under § 1182(a)(3)(B)(iii)(V)(b) is a factual question, the BIA here erred in failing to apply the clear error standard of review to the IJ’s resolution of the intent issue. ... Because the BIA did not acknowledge... Read More
"Dennis Vitug, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order vacating an immigration judge’s (“IJ”) grant of withholding of removal and protection... Read More