Cruz-Quintanilla v. Whitaker, No. 17-2404 (4th Cir. 2019)Annotate this Case
The Fourth Circuit granted a petition for review of an order of removal, holding that the BIA applied the wrong standard of review. The court held that, whether petitioner established that the government would acquiesce in his torture under 8 C.F.R. 1208.16(c)(2) was a mixed question of law and fact, and the IJ's determination that the evidence did not meet the relevant standard was a legal judgment subject to de novo review by the Board. Accordingly, the court remanded for the Board to review the IJ's determination under the proper standard.