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The Ninth Circuit granted the petition for review of the Board of Immigration Appeals’ decision, which found that the petitioner was inadmissible under INA §212(a)(3)(B) for having engaged in terrorist activity. The court held that the Board erred in failing to apply the clear error standard of review to the Immigration Judge’s finding that the petitioner lacked the “intent to endanger, directly or indirectly, the safety of one or more individuals” when he participated in planning an attempted coup against the Philippine government in 1989.

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