The following excerpt is from Dhine v. Slattery, 3 F.3d 613 (2nd Cir. 1993):
Since we are in the same position as the district court to evaluate the evidentiary findings and legal conclusions of the BIA, our review of the district court's grant of habeas corpus is conducted de novo. See Anderson v. McElroy, 953 F.2d 803, 805 (2d Cir.1992).
Exclusion or deportation
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