The Third Circuit took issue with the Board of Immigration Appeals’ scope and standard of review. The petitioner sought relief under the Convention Against Torture. The Immigration Judge found that the petitioner demonstrated that she will more likely than not experience torture if she returned to Guatemala. And the Guatemalan government would acquiesce in such torture. The IJ thus granted her application for CAT relief and ordered withholding of removal. But the BIA reversed that factual finding, claiming it was not “sufficiently persuaded” that the petitioner faced a particularized risk of torture. The Third Circuit reminded the BIA that it must defer to the IJ’s factual findings unless they are clearly erroneous. The Third Circuit reversed the BIA and remanded.
