Former Judges Criticize BIA’s Adherence to Clear Error Standard in Torture Protection Cases

Recently, former immigration judges and Board of Immigration Appeals (BIA) members brought attention to the Eleventh Circuit regarding the BIA’s departure from the clear error standard in recent decisions. Their focus is on cases seeking protection under the Convention Against Torture. The judges emphasize that only substantial mistakes, metaphorically described as smelling like “five-week-old, unrefrigerated dead fish,” should warrant reversal of relief decisions. This vivid descriptive critique underscores the gravity of ensuring accurate interpretations and decisions within the immigration system. For further insights into this significant legal development, [detailed information can be found here](https://www.law360.com/articles/2326590/ex-judges-say-bia-wrongly-looking-for-sushi-grade-tuna){:target=”_blank”}.