The First Circuit Court has routinely vacated decisions of the Board of Immigration Appeals (“BIA”) because the BIA failed to apply the required clear error standard of review in reversing Immigration Judges’ factual findings – a failure that allows the BIA to undermine decisions favorable to immigrants issued by Immigration Judges.  In its amicus brief filed on June 23, 2022, the ACLU-NH explains that the BIA made this same error once again — this time, in the context of the “nexus” analysis for asylum and withholding of removal claims whereby the immigrant must show that persecution is “on account of” or “because of” one of five statutorily-protected grounds. This case is necessary to help ensure that immigration proceedings remain fair where the procedural rights of the immigrant are fully respected by the BIA and where the BIA does not reverse decisions favorable to immigrants without due cause.


Gilles Bissonnette, ACLU-NH Legal Director, and SangYeob Kim, ACLU-NH Staff Attorney

Date filed

June 23, 2022


First Circuit Court of Appeals



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