Zhu v. U.S. Attorney General, No. 11-13266 (11th Cir. 2013)
Annotate this CasePetitioner, a native and citizen of the People's Republic of China, petitioned for review of the BIA's decision denying him asylum and ordering him removed. At issue was whether the BIA erred when it overturned the IJ's factual findings that petitioner would likely be forcibly sterilized upon returning to China. The court concluded that the BIA committed legal error by making its own de novo factual findings and therefore, the court vacated the BIA's decision and remanded for the BIA to review the IJ's decision under the proper clear error standard.
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