Alma Medrano-Lopez v. Eric Holder, Jr.

MEMORANDUM

Alma Medrano Lopez and her daughter and son, Dayana and Ranees (collectively, the “Medranos”), appeal from the Board of Immigration Appeals’ (“BIA’s”) denial of relief pursuant to the Convention Against Torture (“CAT”). The Medranos contend that the BIA impermissibly applied de novo review to the Immigration Judge’s (“IJ’s”) factual findings.

We conclude that: (1) the BIA articulated and applied the proper standard of review to the IJ’s findings of fact and incorporated them into its decision;- and (2) CAT eligibility is a mixed question of law and fact and the record does not compel a finding that the Medranos qualify for relief under CAT. We deny the petition.

1. The Medranos have not shown that the BIA applied an improper standard of review to the IJ’s factual findings.

The BIA recognized and acknowledged that the IJ’s factual findings were to be reviewed for clear error and accepted the factual findings made by the IJ. See Perez-Palafox v. Holder, 744 F.3d 1138, 1145 (9th Cir.2014). The BIA did not reverse the IJ’s positive credibility determination regarding Mrs. Medrano’s testimony that she received a phone call from a man claiming to be affiliated with the…