U.S. Court of Appeals for the Tenth Circuit
Martinez-Viguerias v. Blanche
August 25, 2026
Summary
The court held that the Board of Immigration Appeals misapplied clear-error review when it rejected several factual findings supporting the petitioner's protection under the Convention Against Torture. The BIA failed to meaningfully address particularized evidence concerning the petitioner's risk of torture, ability to relocate, and government acquiescence. The court vacated the BIA's removal order and remanded for the agency to reconsider those findings under the proper standard.