Ilaine

Ilaine v. Bondi

Good Law
United States Court of Appeals for the Ninth CircuitMarch 27, 202524-3579California1,314 words

Opinion

Opinion

facts, we do not recount them here. We deny the petition for review.

We have jurisdiction to review final orders issued by the BIA pursuant to

U.S.C. § 1252. The BIA has jurisdiction of appeals from removal proceedings

pursuant to 8 C.F.R. § 1003.1(b).

Where “the BIA agrees with the IJ’s reasoning, we review both decisions.”

De Leon v. Garland, 51 F.4th 992, 999 (9th Cir. 2022) (citation omitted). “The

BIA’s interpretation of legal questions is reviewed de novo.” Id. We review for

substantial evidence the “factual findings underlying an IJ or BIA determination.”

Id. A “finding is not supported by substantial evidence” when “any reasonable

adjudicator would be compelled to conclude to the contrary of the IJ or BIA based

on the evidence in the record.” Id.

The determination of an asylum applicant’s firm resettlement in a third

country is a question of fact reviewed for substantial evidence. Maharaj v. Gonzales,

450 F.3d 961, 967 (9th Cir. 2006) (en banc). Factual findings underlying

1 Ilaine and Lenevil are citizens and natives of Haiti. A-P-I-L- is a citizen and native of Chile. Only Ilaine applied for asylum, withholding of removal and CAT protection.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.