Perez v. Holder

Petitioner, a native and citizen of El Salvador, filed applications for asylum, withholding of removal, and protection under the Convention Against Torture. An Immigration Judge (IJ) denied relief, and the Board of Immigration Appeals (BIA) affirmed. However, the IJ committed a clear error of fact in its factfinding, and this erroneous finding was recited in the BIA’s order denying Petitioner’s appeal. The First Circuit granted Petitioner’s petition for review and remanded for further proceedings, holding that, in light of principles of exhaustion, it was for the BIA to address in the first instance Petitioner’s arguments that the error affected the BIA’s ruling both as to whether he had a well-founded fear of future persecution and as to whether there was a nexus between the persecution and a protected ground. View "Perez v. Holder" on Justia Law