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· 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).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.