Be the first to like this
Faustin Ilunga v. Eric Holder, Jr., __F.3d___ (1st Cir. 2015) Asylum-CAT remand [01-27-2015 No.13-2064]...On the one hand, the IJ's demeanor finding should not be second guessed, AND the BIA is restricted by regulation to a "clear error review" and is not permitted to perform de novo review as to fact-finding--as the District Court Judge should be. How then does the District Judge balance it all? Can the District Judge overrule the IJ on her demeanor finding when the BIA cannot?