Decision date: 2019-02-01

Holding that (1) because the Petitioner was removable based on his commission of an aggravated felony or specific firearm offense, whether Petitioner established, for CAT relief, that the government would acquiesce in his torture is a mixed question of law and fact that falls outside of the Fourth Circuit's jurisdiction and (2) the Immigration Judge’s determination that Petitioner failed to establish government acquiescence is subject to de novo review by the BIA.

Publication Status: Published

Case judge: Harris, Keenan, Motz

Decision: Cruz-Quintanilla v. Whitaker, 914 F.3d 884 (4th Cir. 2019)