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Expert Analysis

Building A Persecution Case After Justices' Asylum Ruling

By Jimmy Lai, Sina Farzaneh and Amir Farzaneh ( April 27, 2026, 5:29 PM EDT) -- On March 4, the U.S. Supreme Court issued a unanimous decision in Urias-Orellana v. Bondi, written by Justice Ketanji Brown Jackson. Resolving a circuit split, the court held that the substantial evidence standard of review governs the entirety of a Board of Immigration Appeals' persecution determination made under Title 8 of the U.S. Code, Section 1252(b)(4)(B). This includes not just the underlying factual findings, but also the agency's application of the legal standard to those facts....

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