Decision date: 2019-03-19

Holding that the questions of (1) whether the government would acquiesce in torture for the purpose of CAT relief and (2) whether the Petitioner was in the "physical custody" of his father for purpose of derivation of citizenship under the Child Citizenship Act of 2000 are mixed questions of fact and law subject to de novo review by the Board of Immigration Appeals.

Publication Status: Published

Case judge: Duncan, Motz, Quattlebaum

Decision: Duncan v. Barr, 919 F.3d 209 (4th Cir. 2019)