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The decision is also expected to change the tactical approach used by immigration attorneys. Moving forward, the focus of an asylum appeal will likely shift even more heavily toward “legal error” rather than “factual error.” Lawyers will need to demonstrate that a judge misapplied a specific statute or violated a constitutional right, rather than arguing that the judge was simply wrong about the facts of the case. This requires a different level of legal maneuvering and may prioritize those applicants who have the resources to hire highly specialized appellate counsel.
