Whether a federal court of appeals must defer to the BIA's judgment that a given set of undisputed facts does not demonstrate mistreatment severe enough to constitute 'persecution' under 8 U.S.C. § 1101(a)(42)

The Immigration and Nationality Act (INA) provides that noncitizens on American soil are generally eligible for asylum if they qualify as a “refugee.” 8 U.S.C. § 1158( b)(1)(A). A refugee is someone with “a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Id. § 1101(a)(42). Noncitizens are presumptively eligible for asylum if they have “suffered persecution in the past.” 8 C.F.R. § 1208.13(b)(1). If ordered removed by an immigration judge (IJ), noncitizens may appeal the removal order—and with it, the denial of asylum—to the Board of Immigration Appeals (BIA). From there, “judicial review” is available in “an appropriate court of appeals.” 8 U.S.C. § 1252(a)(5). The INA mandates judicial deference on “findings of fact” and three other kinds of administrative decisions. Id. § 1252(b)(4). The statute also explicitly provid es for judicial review of the BIA’s decisions on “questions of law,” but does not establish a deferential standard of review for such decisions. Id. § 1252(a)(2)(D), (b)(9). The question presented is: Whether a federal court of appeals must defer to the BIA’s judgment that a given set of undisputed facts does not demonstrate mistreatment severe enough to constitute “persecution” under 8 U.S.C. § 1101(a)(42).