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2min chapter
Cosplaying an Investigation
Strict Scrutiny
Santos the Caria v. Immigration Board of Appeal
Santos the Caria appealed after an immigration judge found her account credible, but also ruled that she did not suffer past persecution and thus was not entitled to a presumption of future persecution. She then appealed to the board of immigration appeals, which reversed on the issue of past persecution,. But rather than remand to the I.J. the immigration judge, the board made several findings of fact on its own. And this, according to the petitioner, was actually contrary to the board's own regulations.
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