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CA3 on Standard of Review; Evidence: Dutton-Myrie v. Atty. Gen.

April 28, 2017 (1 min read)

Dutton-Myrie v. Atty. Gen., Apr. 28, 2017 - "We agree with Dutton-Myrie that the question of whether likely government conduct equates to acquiescence is a mixed question of law and fact under our decision in Kaplun v. Att’y Gen., 602 F.3d 260 (3d. Cir. 2010). What this means is that the Board should review without deference the ultimate conclusion that the findings of fact do not meet the legal standard. ... [And on] remand, the Board must consider circumstantial evidence of willful blindness."

[Hats off to Nathan Kibler!]