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Finding of fact

Definition

A determination about what actually happened — who did what, when, and where. Under Section 1252(b)(4), findings of fact by the agency are conclusive if supported by reasonable, substantial, and probative evidence from the record. The central dispute in this case is whether the persecution determination is a 'finding of fact' or something else.

Examples

  • Petitioner argues that whether undisputed facts constitute persecution is not a 'finding of fact' but a legal conclusion, since the underlying facts are not in dispute

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