Wednesday, May 23rd, 2018

CA9 on Political Opinion: Regalado-Escobar v. Holder

"Jorge Alberto Regalado-Escobar petitions for a review of the decision of the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture.  We review questions of law de novo and the BIA’s factual findings, including whether an applicant was persecuted on account of his political opinion, under the substantial evidence standard.  See I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481 (1992).  Under this standard, this court must uphold the BIA’s findings unless “the evidence [theapplicant] presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.”  Id. at 483–84.  For the reasons stated below, we deny in part, and grant and remand in part, the petition." –