United States Ninth Circuit

A petition for review of a decision of the Board of Immigration Appeals (BIA) ordering petitioner removed to his native Haiti is: 1) granted with respect to to the Convention Against Torture protection claim and remanded where the BIA committed legal error by reviewing the IJ's findings under a de novo rather than clear error standard; but 2) denied with respect to cancellation of removal where the BIA applied the correct standard of review.

Appellate Information

• Decided 10/03/2012
• Published 10/03/2012

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel