Background
Santiago Figueroa-Alvarez, a native and citizen of Mexico, petitioned for review of a Board of Immigration Appeals decision affirming the denial of his application for withholding of removal and relief under the Convention Against Torture. The petitioner also challenged the Board’s failure to discuss the issue of voluntary departure.
The court’s reasoning
The court reviewed the withholding claim de novo and factual findings for substantial evidence. It held that the petitioner was bound by his interpretation of the immigration judge’s ruling in his brief to the Board, leading to dismissal of that challenge. For the Convention Against Torture claim, the court found the Board’s finding of no clear probability of future torture supported by substantial evidence. Regarding voluntary departure, the court noted it is a discretionary form of relief and remanded the case because the Board failed to discuss the request.
What it means going forward
The petitioner’s claims regarding withholding of removal and torture were dismissed or denied, but the case was sent back to the Board to consider voluntary departure.