Urias-Orellana v. Bondi
Decision
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Opinion of the Court
The Facts
Urias-Orellana sought asylum, claiming persecution in her home country. An immigration judge heard undisputed facts and concluded they did not rise to the level of 'persecution' required by the Immigration and Nationality Act. She appealed, arguing that the undisputed facts should support an asylum grant. The question is what standard of review applies.
The Issue
What standard of review applies when reviewing an immigration agency's determination that undisputed facts do not constitute persecution under the INA.
Urias-Orellana argued for an abuse-of-discretion standard. The government argued for substantial evidence review. Under substantial evidence, the agency's determination stands if any reasonable fact-finder could reach it.
The Rules
The substantial-evidence standard applies to the agency's determination whether undisputed facts rise to the level of persecution under the INA.
Under substantial evidence review, the agency's determination stands if a reasonable fact-finder could reach it, even if the record reasonably supports a different conclusion.
The Application
Immigration law gives agencies broad discretion in interpreting what facts constitute persecution. Congress wrote the statute to require persecution, but 'persecution' is not defined. It requires agency judgment. Courts review that judgment using the substantial evidence standard: was there enough evidence to support the agency's conclusion?
Under substantial evidence review, if the agency determines that facts do not rise to persecution, courts defer so long as the determination is reasonable. This is not de novo review; it is deferential. The immigration judge and Board of Immigration Appeals made that determination. Substantial evidence review is the appropriate standard.
The Conclusion
**The Supreme Court held that §1252(b)(4) requires application of the substantial-evidence standard to the agency's determination whether undisputed facts constitute persecution.** The court of appeals must uphold the agency's determination if it is supported by substantial evidence, even if other reasonable determinations were possible.
The decision preserves agency deference in interpreting the persecution standard.
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