Legal Opinion

Wu Lin v. Lynch

Court of Appeals for the Second Circuit

Decided February 11, 2016No. Docket 12-2163PublishedCited by 51 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge.

This petition to review a decision of the Board of Immigration Appeals (“BIA”) requires consideration of the standard of review for a court of appeals considering the BIA’s determination that an Immigration Judge’s (“U”) findings of fact are clearly erroneous. This issue arises on a petition by Wu Lin for review of the BIA’s decision of April 30, 2012, denying his application for asylum. We conclude that, although the BIA recognized its obligation to apply the “clear error” standard of review to the I J’s findings of fact, it erred in its application of that…

2Cases cited13 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Cao He Lin, A/K/A Je Ling Chao v. United States Department of Justice and Attorney General GonzalesCourt of Appeals for the Second Circuit · 2005
  4. Jian Hui Shao v. MukaseyCourt of Appeals for the Second Circuit · 2008
  5. McAllister v. United StatesSupreme Court of the United States · 1954

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3Cited by51 opinions

  1. Abduvakhob Alimbaev v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2017
  2. Castillo v. G&M Realty L.P.Court of Appeals for the Second Circuit · 2020
  3. Rosales Justo v. SessionsCourt of Appeals for the First Circuit · 2018
  4. Sobura Lasu v. William P. BarrCourt of Appeals for the Eighth Circuit · 2020
  5. Abdifatah Omar v. William P. BarrCourt of Appeals for the Eighth Circuit · 2020

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