Turkson v. Holder, 667 F.3d 523 (4th Cir. Jan. 26, 2012) (granting petition for review, and vacating removal order, where BIA erroneously reviewed the IJ's factual findings under the de novo standard of review instead of under the clearly erroneous standard required by its governing regulations, in considering a claim for deferral of removal under the Convention Against Torture); referring to 8 C.F.R. 1003.1(d)(i) (The Board will not engage in de novo review of findings of fact determined by an immigration judge. Facts determined by the immigration judge, including findings as to credibility of testimony, shall be reviewed only to determine whether the findings of the immigration judge are clearly erroneous.); 8 C.F.R. 1003.1(d)(ii) (The Board may review questions of law, discretion, and judgment and all other issues in appeals from decisions of immigration judges de novo.).

jurisdiction: 
Fourth Circuit

 

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