Nen Ying Wang v. John Ashcroft, Attorney General of the United States James Ziglar, Commissioner, U.S. Immigration and Naturalization Service

SLOVITER, Circuit Judge.

Petitioner Nen Ying Wang, a citizen of China, seeks review of the order of the Board of Immigration (BIA) vacating the decision of the Immigration Judge (IJ) that had granted Wang’s application for withholding of removal under the Convention Against Torture (CAT) and section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998, Pub.L. No. 105-277, 112 Stat. 2681, 2681-822 (1998) (FARRA). Wang contends that the BIA violated FARRA’s implementing regulations when it undertook de novo review of his case, rather than reviewing it for clear error, and failed to…