Immigration Law

CA4 on Standard of Review: Cruz-Quintanilla v. Whitaker

Cruz-Quintanilla v. Whitaker

"We conclude that the Board applied the wrong standard of review. Whether Cruz-Quintanilla established that the government would acquiesce in his torture under 8 C.F.R. § 1208.16(c)(2) is a mixed question of law and fact, and the immigration judge’s determination that the evidence did not meet the relevant standard is a legal judgment subject to de novo review by the Board. Accordingly, we grant Cruz-Quintanilla’s petition for review and remand so that the Board may review the immigration judge’s determination under the proper standard."

[Hats off to Abraham Fernando Carpio!]