LexisNexis® Legal Newsroom
CA2 Rejects H-L-H- & Z-Y-Z-: Huang & Zhou v. Holder

"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 asylum and other relief despite a finding by an Immigration...

CA9 on 'clear error' - Lopez Rodriguez v. Holder

"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 clear error, and is prohibited from making its...

CA9 on Clear Error: Ridor v. Holder

"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 that the BIA committed legal error in vacating the...

CA11 on 'Clear Error' - Zhu v. U.S. Attorney General

"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 the prism of clear error review, but rather after...

CA9 on Withholding, Philippines, Sexual Orientation, Clear Error: Vitug v. Holder

"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 under the Convention Against Torture (“CAT”...

CA9 on Clear Error: Zumel v. Lynch

"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 the proper standard of review, ignored facts found...

CA2 on 'Clear Error' - Lin v. Lynch

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 Judge’s (“IJ”) findings...

CA3 on Credibility, Clear Error: Alimbaev v. Atty. Gen.

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 by troubling allegations that Petitioner, an Uzbek...