[DOWNLOAD] "Korythyuk v. Ashcroft" by In the United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Korythyuk v. Ashcroft
• Author : In the United States Court of Appeals for the Third Circuit
• Release Date : January 25, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 80 KB

Description

This immigration case presents two questions of law: (1) whether we have jurisdiction over certain discretionary denials by the Bureau of Immigration Appeals of motions to remand under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and (2) the appropriate standard of review for questions of fact where the Bureau of Immigration Appeals ("BIA" or "Board") denies a motion to remand in an exercise of its discretionary authority. We conclude that we have jurisdiction over the type of denial the BIA exercised in this case, and that the appropriate standard of review for the fact cited in that denial is substantial evidence. Because the immigration judge lacked substantial evidence for his factual finding that Petitioner participated in criminal activities in the Ukraine, a finding on which the BIA solely rested its denial of Petitioners motion to remand, we will vacate the BIAs denial as an abuse of discretion and remand this case for further explanation and development of the record.

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