Zumel v. Lynch, No. 12-70724 (9th Cir. 2015)
Annotate this CasePetitioner, a native and citizen of the Philippines, petitioned for review of the BIA's decision ruling that petitioner is inadmissible under 8 U.S.C. 1182(a)(3)(B)(i)(I) for having engaged in terrorist activity, and dismissing his appeal from the IJ's order of removal. The court held that the BIA did not err when it determined that an attempted coup against the Philippine government was unlawful under Philippine law, and that petitioner “engaged” in the coup by planning it. But assuming that the question whether the coup participants lacked an “intent to endanger, directly or indirectly, the safety of one or more individuals,” is a question of fact, the BIA erred in failing to apply clear error review to the IJ’s finding that the coup participants lacked such intent. Accordingly, the court granted the petition for review and remanded for the BIA to reconsider the IJ’s decision applying the clear error standard of review.
Court Description: Immigration. The panel granted Jose L. Zumel’s petition for review of the Board of Immigration Appeals’ decision finding him inadmissible under 8 U.S.C. § 1182(a)(3)(B)(i)(I) for having engaged in terrorist activity. The panel held that the BIA correctly found that an attempted coup against the Philippine government in 1989 was unlawful under Philippine law, and that Zumel “engaged” in the coup by planning it. For purposes of this appeal, the panel assumed that the question of coup participants’ “intent to endanger, directly or indirectly, the safety of one or more individuals” under § 1182(a)(3)(B)(iii)(V)(b) is a factual question, and held that the BIA erred in failing to apply the clear error standard of review to the Immigration Judge’s finding that the coup participants lacked such intent. The panel remanded for the BIA to review the IJ’s factual findings regarding intent for clear error.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.