Lin v. Holder, No. 11-3262 (6th Cir. Jan. 4, 2012) (unpublished)
The Board's application of legal principles to undisputed facts, rather than its underlying determination of those facts or its interpretation of governing statutes is reviewed de novo, not under the substantial evidence standard.
In this case, the IJ granted asylum to this Chinese national on his political persecution claim. The Board sustained ICE's appeal and ordered him removed.
On de novo review, the Court remanded because the Board appeared to have applied the higher withholding of removal standard to the review of the asylum claim, since it cited to A-M-, which was decided on withholding, not asylum, grounds.
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