· 6/17/1991
High Point Community Ass'n v. Zoning Board of Appeals
Citations
- 174 A.D.2d 652
- 572 N.Y.S.2d 870
- 1991 N.Y. App. Div. LEXIS 9419
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- declaring that future predictions about what may occur when an alien is returned to his country were legal rather than factual determinations that the BIA was authorized to make
- explaining that the BIA reviews an IJ’s factual findings for clear error, but reviews de novo the question of whether those facts support a conclusion that the hardship rises to the required level
- explaining that whether established facts meet the legal standard of persecution is a legal question subject to de novo review
- stating that the BIA “may review de novo whether the facts support a conclusion that the hardship rises to the required level”
- explaining that whether an alien has suffered harm amounting to persecution or has a well-founded fear of persecution are legal questions reviewed de novo by the Board
- declaring that future predictions about what may occur when an alien is returned to his country were legal rather than factual determinations that the BIA was authorized to make
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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