HUI LIN HUANG v. HOLDER

Docket Nos. 10-1263-ag(Lead), 11-3584-ag(Con).

677 F.3d 130 (2012)

HUI LIN HUANG and Zeng Yong Zhou, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2012.


Attorney(s) appearing for the Case

Richard Tarzia , Belle Mead, N.J., submitted a brief for Petitioners.

Tony West , Assistant Attorney General, Margaret J. Perry , Senior Litigation Counsel, Anh-Thu P. Mai-Windle , Senior Litigation Counsel, Office of Immigration Litigation, Civil Div., U.S. Dep't of Justice, Washington, D.C., submitted a brief for Respondent.

( Joseph C. Hohenstein , Orlow, Kaplan & Hohenstein, LLP, Philadelphia, PA, Madeline Garcia , Pembroke Pines, FL, Matthew Guadagno , Brooklyn, NY, submitted a brief for amicus curiae American Immigration Lawyers Association, in support of Petitioners.).

( Deborah E. Anker , Sabrineh Ardalan , Harvard Immigration and Refugee Clinical Program, Cambridge, MA, Susham Modi , Immigration and Refugee Advocate, University of Houston Law Center Immigration Clinic, Houston, TX, submitted a brief for amici curiae Law Professors, Instructors, and Practitioners, in support of Petitioners.).

Before: JACOBS, Chief Judge; NEWMAN and LEVAL, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

This petition for review of a decision of the Board of Immigration Appeals ("BIA") primarily raises two issues concerning the standard of review that the BIA applies to a decision of an immigration judge ("IJ"). The first is whether the BIA may ignore an IJ's finding that an event constituting persecution will in fact occur if the applicant is removed on the theory that the finding of a future event is not fact-finding subject to review...

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