Perez
Perez v. Bondi
Opinion
Opinion
discussion, it cited the factual findings necessary to make a nexus determination.
Then, over the next four paragraphs, the BIA consistently applied the “clear error”
standard of review to those findings. But when reaching its legal conclusion, the
23-3782 BIA did not make a clear error finding. Instead, the BIA reviewed the nexus
determination de novo and “agree[d] with the [IJ’s] conclusions” and, later, stated
that “[w]e agree with the [IJ’s] ultimate conclusion.”
Finally, the IJ and BIA did not need to discuss every piece of evidence. 1 See
Almaghzar v. Gonzales, 457 F.3d 915, 922 (9th Cir. 2006); see also Villegas Sanchez
v. Garland, 990 F.3d 1173, 1183 (9th Cir. 2021). In fact, they are presumed to have
reviewed all the evidence. Larita-Martinez, 220 F.3d at 1095–96. To succeed here,
Petitioners needed to show that the agency misstated the record or ignored
potentially dispositive evidence. See Cole v. Holder, 659 F.3d 762, 771–72 (9th Cir.
2011). Petitioners do not meet their burden.
The expert testimony Petitioners complain the agency did not review provided
color on the nature of gang power in El Salvador (explaining that…