Addressing the terrorist inadmissibility provision related to the use of firearms with intent to endanger another person, the court examined the actions of a person who planned a coup in the Philippines.  The Immigration Judge determined that the respondent did not have the requisite intent to endanger.  The Board of Immigration Appeals reversed  The Ninth Circuit assumed that the determination of intent would be a factual question, and thus, that the Board of Immigration Appeals was required to apply the clearly erroneous standard when reviewing the Immigration Judge's determination.  The court remanded to allow the Board of Immigrations to apply the proper standard.

The full text of Zumel v. Lynch can be found here: