Standard of Review to Immigration Judge’s Decision

Listen to this article

7^th Circuit Court of Appeals

Case Name: F. J. A. P. v. Merrick B. Garland

Case No.: 21-2284

Officials: Brennan, St. Eve, and Jackson-Akiwumi, Circuit Judges.

Focus: Standard of Review to Immigration Judge’s Decision

F.J.A.P., a petitioner hailing from El Salvador had previously been deported from the U.S. but returned due to threats from the MS-13 gang. Upon his reentry, his original deportation order was reinstated. Subsequently, F.J.A.P. sought withholding-only relief under the Convention Against Torture (CAT), which an immigration judge granted. However, the Board of Immigration Appeals (BIA) overturned this decision. F.J.A.P. appealed.

Initially, the Seventh Circuit addressed the question of its jurisdiction to review F.J.A.P.’s claim. It concluded that a reinstated deportation order was not final for judicial review purposes under 8 U.S.C. § 1252 until the agency completed withholding proceedings. Consequently, F.J.A.P.’s appeal was deemed timely as it was filed within 30 days of the conclusion of his CAT proceedings.

Regarding the merits of the case, the court determined that the BIA had not applied the appropriate standard of review to the immigration judge’s decision. The BIA was obligated to scrutinize the immigration judge’s factual determinations for clear error, rather than de novo. However, the BIA had neglected to address crucial factual findings made by the immigration judge, had accorded unequal weight to certain pieces of evidence over others, and had failed to elucidate how any purported errors by the immigration judge demonstrated a lack of logic, plausibility, or support in the record. Consequently, the court granted F.J.A.P.’s appeal and remanded the case to the BIA for reconsideration of the immigration judge’s decision under the correct standard of review.

Remanded.

Decided 02/27/24

Full Text