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Mixed question of law and fact

Definition

A question that requires applying a legal standard to a set of facts. It is neither purely legal (what does the law say?) nor purely factual (what happened?) but involves both — determining whether what happened satisfies what the law requires.

Examples

  • Whether the threats Urias-Orellana experienced constitute 'persecution' under the INA is a mixed question requiring application of a legal term to undisputed facts

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