Freddy Davila v. Eric Holder, Jr.

MEMORANDUM

Freddy Martin Davila, a legal permanent resident of the Untied States and native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals’ (“BIA”) order rejecting his claim for protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence findings of fact. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We grant the petition for review and remand.

We remand to the BIA because we cannot conduct a meaningful review of the BIA’s decision on the issue of whether the Nicaraguan government acquiesces in acts of torture, where the BIA failed to provide a reasoned explanation of its decision. See Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005) (“We have long held that the BIA abuses its discretion when it fails to provide a reasoned explanation for its actions.”). Davila asserts that the BIA failed to provide a “reasoned explanation” for denying his claim under the theory that the Nicaraguan government acquiesces in torture. The BIA denied Davila’s CAT claim by issuing a general statement unsupported by any reasoning that Nicaragua…