Does the BIA have applied the correct standard of review in its de-novo review?

MultiRegion, United States of America

The following excerpt is from Soto-Soto v. Garland, 1 F.4th 655 (9th Cir. 2021):

"Whether the BIA has applied the correct standard of review is a question of law" that we review de novo . Rodriguez v. Holder , 683 F.3d 1164, 1169 (9th Cir. 2012).

Other Questions


What is the standard of review applied in reviewing a Minister's Delegate? (Canada (Federal), Canada)
Does the presumption of reasonableness review automatically engage with correctness standards of review? (Canada (Federal), Canada)
What is the applicable standard of review and what is the standard of correctness? (Canada (Federal), Canada)
What is the standard of review applied in reviewing a decision of the Minister refusing to grant Ministerial Relief? (Canada (Federal), Canada)
When applying the correctness standard in respect of jurisdictional and some other questions of law, can a court substitute its own view? (Canada (Federal), Canada)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
Does the standard of correctness apply to a preliminary determination of inadequate material at the Appeal Board? (Canada (Federal), Canada)
What is the applicable standard of review and what is the deference required to review? (Canada (Federal), Canada)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the standard of review in the context of a judicial review? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.