PHOTO: Wikipedia Commons
Excerpt:
This Circuit has long recognized the clearly erroneous standard, articulating it memorably as requiring the appellate body to find that the factual findings are “wrong with the force of a five-week-old, unrefrigerated dead fish.” Cox Enters., Inc. v. News-Journal Corp., 794 F.3d 1259, 1272 n.92 (11th Cir. 2015) (quoting Parts & Elec. Motors, Inc. v. Sterling Elec. Inc., 866 F.2d 228, 233 (7th Cir. 1988)). Rather than follow this approach, in the case at bar the Board instead treated the immigration judge’s findings like fresh sushi-grade tuna, ready to be cut and served as the BIA wished.
Here’s the complete brief:
Hernandez-Landaverde – Roundtable Amicus Brief
Here’s more coverage, employing the “Sushi Doctrine:”
Ex-Judges Say BIA Wrongly Looking For _Sushi-Grade Tuna_ – Law360
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Many thanks and endless gratitude to our pro bono hero 🦸♀️ Ashley Vinson Crawford, Esquire, and the rest of her team at Akin Gump!
🇺🇸Due Process Forever!
PWS
04-17-25