Urias-Orellana v. Bondi · ¶25

Today we resolve the proper-standard question as it relates to the courts of appeals' review of the agency's persecution determination. As explained in Part III, infra, we hold that § 1252(b)(4)(B) requires courts to review the entirety of the agency's conclusions—both the underlying factual findings and the application of the INA to those findings—for substantial evidence. Thus, in the language of the statute, the agency's determination whether a given set of undisputed facts rises to the level of persecution under § 1101(a)(42)(A) is generally “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” § 1252(b)(4)(B).

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