Samayoa Cabrera v. Barr, No. 18-1923 (1st Cir. 2019)Annotate this Case
The First Circuit denied in part and dismissed in part Petitioner's petition for review from a ruling by the Board of Immigration Appeals (BIA) rejecting his request for deferral of removal pursuant to the Convention Against Torture (CAT), holding that this Court lacked jurisdiction to review the BIA's acceptance of the immigration judge's (IJ) adverse credibility finding and that Petitioner's remaining challenges were without merit.
Before the First Circuit, Petitioner, among other things, challenged the standard of review that the BIA used to review the IJ's ruling. The First Circuit denied relief, holding (1) there was no evidence that the BIA used the incorrect standard of review to review the IJ's ruling; (2) because Petitioner had not contested the IJ's adverse credibility finding before the BIA, this Court lacked jurisdiction to review the BIA's acceptance of that finding; and (3) Petitioner failed to show that the record compelled a finding other than the one the IJ reached that Petitioner failed to show he was more likely than not to be tortured if he were removed to Guatemala.