Iruegas-Valdez v. Yates

Petitioner, a Mexican national, seeks review of the BIA's affirmance of the IJ's denial of his application for withholding of removal and relief under the Convention Against Torture (CAT). The court concluded that it lacked jurisdiction to review the BIA's credibility determinations, but has jurisdiction to review his argument that his is more likely than not to be persecuted on account of his membership in a particular social group. However, because the BIA failed to apply the appropriate legal standards, the court need not resolve these issues on the merits. In this case, the BIA specifically refused to consider an alternative argument that had been raised before the IJ—namely that the evidence external to petitioner's testimony established that removal to Mexico would put his life in jeopardy. Therefore, it would be a violation of well-established principles of administrative law for the court to reach this issue. Likewise, the court declined to consider whether petitioner is eligible for relief under the CAT because the BIA failed to apply the appropriate legal standard. The court vacated and remanded for consideration under the appropriate legal standard. View "Iruegas-Valdez v. Yates" on Justia Law