First Circuit: Rosales Justo v. Sessions

Review of agency reversal of immigration judge for clear error on a question of fact is de novo when the question is essentially a legal one.

Agency erred in conflating ability to protect with willingness to protect; a country conditions report was sufficient to cast doubt on the former.

Agency erred in considering lack of reporting to the foreign police force without considering petitioner's motives and reasoning.

Sufficient proof in the record to establish that the threat was not simply an everyday law enforcement question.

http://media.ca1.uscourts.gov/pdf.opinions/17-1457P-01A.pdf