212279P.pdf   12/28/2022  Gustavo Alvarez-Gomez  v.  Merrick Garland
   U.S. Court of Appeals Case No:  21-2279
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Kelly, Author, with Loken, Circuit Judge, and Menendez, 
   District Judge] 
   Petition for Review - Immigration. The issue presented by petitioner's 
   challenge to the agency's decision to deny withholding of removal is a 
   question of fact, which this court lacks jurisdiction to review; while the 
   court would have jurisdiction to consider the question of whether the IJ 
   applied the correct legal standard for determining the nexus between past 
   persecution and any protected characteristics, petitioner has waived this 
   issue by failing to raise it before the BIA; in overturning the IJ's 
   findings concerning CAT relief, the reasons the BIA offered for rejecting 
   the IJ's findings are insufficient to satisfy a reasonable mind that the 
   IJ clearly erred; the petition for review with respect to petitioner's 
   application for withholding of removal under the CAT is granted. Judge 
   Loken, concurring in part and dissenting in part.