Zumel v. Lynch

Petitioner, a native and citizen of the Philippines, petitioned for review of the BIA's decision ruling that petitioner is inadmissible under 8 U.S.C. 1182(a)(3)(B)(i)(I) for having engaged in terrorist activity, and dismissing his appeal from the IJ's order of removal. The court held that the BIA did not err when it determined that an attempted coup against the Philippine government was unlawful under Philippine law, and that petitioner “engaged” in the coup by planning it. But assuming that the question whether the coup participants lacked an “intent to endanger, directly or indirectly, the safety of one or more individuals,” is a question of fact, the BIA erred in failing to apply clear error review to the IJ’s finding that the coup participants lacked such intent. Accordingly, the court granted the petition for review and remanded for the BIA to reconsider the IJ’s decision applying the clear error standard of review. View "Zumel v. Lynch" on Justia Law