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CA9 on Standard of Review: Chavez-Escamilla v. Garland

September 16, 2022 (1 min read)

Chavez-Escamilla v. Garland (unpub.)

"Chavez-Escamilla argues that the BIA erred in applying the clearly erroneous standard because it did not defer to the IJ’s factual findings. ... The BIA failed to correctly apply the clearly erroneous standard. While the BIA indicated disagreement with the IJ’s findings, it did not explain why the IJ’s decision was illogical, implausible, or without support. ... Clear error review requires the BIA to “explain how these alleged errors showed lack of logic, plausibility, or support in the record on the part of the IJ.” Soto-Soto, 1 F.4th at 660. The court therefore remands this case to the BIA so it “may apply the correct standard of review and properly consider the IJ’s factual findings.” Vitug v. Holder, 723 F.3d 1056, 1064 (9th Cir. 2013). PETITION GRANTED; REMANDED."

[Hats off to Ramiro J. Lluis!]