Carlos Bringas-Rodriguez v. Jefferson Sessions

I respectfully dissent from the majority opinion because it usurps the power of the Board of Immigration Appeals (BIA) to determine facts. It does this by reciting, but ultimately departing, from the “substantial evidence” standard which states that agency “findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B) (emphasis added).1

*1078Here, the BIA found unpersuasive Brin-gas’s evidence of the Mexican government’s inability or unwillingness to control and prevent the abuse of homosexuals. The record evidence —…