Tuesday, November 09, 2010

Johnson (not precedential): BIA Incorrectly Overturned IJ's Factual Findings On Standard Lower Than Clear Error

Johnson v. Holder
No. 09-1949
Not Precedential
May 20, 2010

Judges Ambro, Chagares and Aldisert. Per Curiam.

Overturning the BIA in a case originally decided by IJ Walter A. Durling.

In a claim for protection under CAT, the BIA improperly reversed the IJ's factual findings using a de novo standard of review rather than only upon finding clear error in the IJ's conclusion of what would likely happen if the United States deported him. That standard is the one to apply according to Kaplun v. Holder, 2010 WL 1409019 (3d Cir. Apr. 9, 2010).


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