Rodriguez v. Holder, 683 F.3d 1164 (9th Cir. Jun. 27, 2012) (BIA fails to apply the correct legal standard where it states the correct standard, but actually engaged in prohibited de novo review or fact-finding); see (Alvarado de Rodriguez v. Holder), 585 F.3d 227, 235 (5th Cir.2009) (Quite simply, the BIA is not entitled to state the correct legal standard but actually apply an incorrect standard.); Kabba v. Mukasey, 530 F.3d 1239, 1246 (10th Cir. 2008) (Although the BIA's opinion set forth the correct standard of review and recited a conclusion that the IJ's credibility findings were clearly erroneous, the BIA did not apply this deferential standard in substance.); Chen, 470 F.3d at 515 (Although the BIA used the phrase clearly erroneous' in its opinion, the review it conducted in fact was to independently assess Chen's credibility without giving deference to the findings of the IJ. This is de novo review ....).