In Mu-Xing Wang v. John Ashcroft, the United States Court of Appeals for the Second Circuit announced that they had not set forth a test as to how the Board of Immigration Appeals should apply the facts to the relevant law in habeas review petitions. A specific test was not outlined, because the court decided that the Board of Immigration Appeals [hereinafter BIA] applied the facts properly to the law in Wang's Convention Against Torture claim. Furthermore, on the due process claim, in looking at whether Wang has been denied his due process rights under the Fifth Amendment of the United States Constitution, the Second Circuit analyzed this claim as one of substantive rather than procedural due process. This analysis varies from how the lower court analyzed the claim; however, the Second Circuit still denied that there has been a violation of Wang's due process rights.
"2003-2004 Survey of International Law in the Second: Convention Against Torture,"
Syracuse Journal of International Law and Commerce:
2, Article 13.
Available at: http://surface.syr.edu/jilc/vol31/iss2/13