F.J.A.P. v. Garland

Board erred in reversing I.J.’s order that had granted petitioner’s application for withholding-only relief under Convention Against Torture (CAT) where petitioner, who was subject to prior removal order, subsequently re-entered U.S. on claim that he and his family were subject to death threats from local gang in El Salvador. Ct. of Appeals initially found that it had jurisdiction to consider petitioner’s appeal, where petitioner’s reinstated removal order is not final for purposes of judicial review until agency has completed withholding proceedings. With respect to merits of petitioner’s appeal, Court of Appeals found that Board erred in conducting de novo review of IJ’s order by not addressing IJ’s key factual finding, giving more weight to certain facts in record than others, and failing to explain how IJ’s alleged errors showed lack of logic, plausibility, or support in record. As such, case was remanded to Board for reconsideration of I.J.’s decision under clear error standard. (Partial dissent filed.)