Garcia-Mata v. Sessions, No. 17-1682 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit granted a petition for review of the Board's decision vacating the IJ's order of withholding of removal, and denial of relief, ordering petitioner removed to Mexico. The court was unable to tell from the Board's rather opaque opinion whether the agency followed its regulations and applied the correct standard of review. Therefore, the court remanded to the Board for further proceedings in which it may clarify its decision or apply the correct standard of review as appropriate.
Court Description: Colloton, Author, with Wollman and Benton, Circuit Judges] Petition for Review - Immigration. In this case, the BIA rejected findings of fact made by the IJ, but the court cannot discern from the decision whether the BIA followed the governing regulations on standard of review or engaged in impermissible factfinding of its own; the matter is remanded for further proceedings in which the BIA may clarify its decision or apply the correct standard of review as appropriate.
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