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Home / Courts / 4th Circuit / Administrative – Immigration – Deferral of Removal Petition – Fear of Torture – Standard of Review (access required)

Administrative – Immigration – Deferral of Removal Petition – Fear of Torture – Standard of Review (access required)

Turkson v. Holder In deciding this petition for deferral of removal based on petitioner’s fear of torture if he is returned to his native Ghana, the 4th Circuit says the Board of Immigration should have applied the “clearly erroneous” standard instead of the de novo review standard, and it grants the petition, vacates the BIA’s decision in favor of the Department of Homeland Security and remands the case for further proceedings.

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