De La Rosa v. Holder
De La...(U.S. 2d Cir., Administrative Law, Immigration Law) In a petition for review of the BIA’s order denying petitioner’s application for deferral of removal under the Convention Against Torture, the petition is granted where: 1) the BIA’s “weight of the evidence” review of the Immigration Judge’s findings did not conform to the dictates of 8 C.F.R. section 1003.1(d)(3)(i); and 2) without discussion, the BIA appeared to have improperly assumed that the activity of certain government actors overrode both the complicity of other government actors and the general corruption and ineffectiveness of the Dominican government in preventing unlawful killings.
