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SAN FRANCISCO » A Filipino general accused of trying to overthrow the Philippine government in the late 1980s won’t be removed from the United States for now after a federal appeals court ruled in his favor.
The 9th U.S. Circuit Court of Appeals said Tuesday that an immigration review board used the wrong standard when it determined Jose Zumel should be removed to the Philippines for engaging in terrorist activity.
An immigration judge had found Zumel’s coup attempt against President Corazon Aquino did not constitute terrorist activity. The 9th Circuit said the Board of Immigration Appeals was supposed to determine whether the judge’s decision was clearly wrong but instead conducted its own review of the facts.
The case now goes back to the review board.
An email to a spokeswoman for the board was not immediately returned.
