The Ninth Circuit found that the BIA erred by applying a de novo standard of review to an IJ’s factual determinations in a Convention Against Torture case. The proper standard of review for such factual findings is clear error. “Whether government officials act with specific intent to torture is a question of fact that is subject to clear error review.” “What is likely to happen to a petitioner if deported to a certain country is also a question of fact that the BIA may reject only for clear error. “
The court also rejected the government’s argument that evidence of primitive and abusive practices on mental health patients categorically is insufficient to support an inference of specific intent to inflict harm.
The text of Guerra v. Barr can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/03/03/18-71070.pdf