Hernandez-Pichinte
Hernandez-Pichinte v. Bondi
Opinion
Opinion
facts found by the Immigration Judge” to determine whether a petitioner has “[met]
2 the legal requirements for relief from removal or resolve any other legal issues that
are raised.” Matter of Z-Z-O-, 26 I. & N. Dec. 586, 591 (B.I.A. 2015) (collecting
cases). “[I]n order to establish an alternative holding on the merits, the BIA must
provide a reasoned analysis of the legal basis for its holding, specifying as well the
particular facts on which that holding relies.” Stoyanov v. INS, 172 F.3d 731, 736
(9th Cir. 1999). Here, the BIA relied on the IJ’s factual findings on Guillen-Pilar’s
and N.O.H.G.’s withholding applications in finding that they have not sustained a
claim for asylum. Specifically, the BIA cited Guillen-Pilar’s testimony that it’s now
“safer” in El Salvador, and that she and N.O.H.G. would feel safer if they returned
to El Salvador because of an increased police presence and how “the president has
captured the majority of the Maras.” Because the BIA provided a “reasoned
analysis” as to the Petitioners’ legal entitlement to relief, it permissibly reached the
merits of Guillen-Pilar’s and N.O.H.G.’s asylum applications.