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ADEYANJU v. GARLAND

Nos. 21-1045 & 21-1616.

27 F.4th 25 (2022)

Adekunle Oluwabumwi ADEYANJU, Petitioner, v. Merrick B. GARLAND, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

February 24, 2022.

Attorney(s) appearing for the Case

SangYeob Kim , with whom Ronald L. Abramson , Emily Assunta White , Shaheen & Gordon P.A., Gilles Bissonnette , Jennifer Lyon, and American Civil Liberties Union of New Hampshire, were on brief, for petitioner.

Lindsay Corliss , Trial Attorney, Office of Immigration Litigation, with whom Brian Boynton , Acting Assistant Attorney General, Civil Division, John S. Hogan , Assistant Director, Office of Immigration Litigation, and Kiley Kane , Senior Litigation Counsel, Office of Immigration Litigation, were on brief, for respondent.

Before Thompson, Hawkins, and Barron, Circuit Judges.

When the Board of Immigration Appeals ("BIA") considers an appeal, it is bound, as we are, by certain standards of review. It reviews factual findings of an Immigration Judge ("IJ") only for clear error. But it is free to conduct discretionary-relief determinations based on those factual findings afresh without any deference...

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