Turkson v. Holder, No. 10-1984

Decided: January 28, 2012

An immigration judge deferred James Amoah Turkson’s removal because the immigration judge found that Turkson would likely face torture if he returned to his native Ghana. The Department of Homeland Security appealed to the Board of Immigration Appeals. The Board of Immigration Appeals reviewed the immigration judge’s factual findings under the de novo standard of review, rather than the clearly erroneous standard that is prescribed by its own governing regulations, and by case law interpreting those regulations. Therefore, the Fourth Circuit Court of Appeals granted Turkson’s petition for review, vacated the Board of Immigration Appeals’ decision, and remanded for further proceedings.

Full Opinion

-Sara I. Salehi

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