[Download] "Wang v. Ashcroft" by United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Wang v. Ashcroft
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 19, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
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 Wangs 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 FARRAs implementing regulations when it undertook de novo review of his case, rather than reviewing it for clear error, and failed to defer to the IJs factual determination that Wang was more likely than not to face torture if returned to China. Wang seeks reversal of the BIAs decision or a remand to the BIA with instructions regarding the proper standard of review. For the reasons set forth below, we will deny the Petition for Review.