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· 8/6/2012

John Waldron v. Eric H. Holder, Jr.

Citations

  • 688 F.3d 354
  • 2012 WL 3156002
  • 2012 U.S. App. LEXIS 16277

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the jurisdictional bar did not preclude a petition for review based on \the legal question of whether the BIA applied the correct standard of review when reviewing the IJ's factual findings\
  • holding that the jurisdictional bar did not preclude a petition for review based on “the legal question of whether the BIA applied the correct standard of review when reviewing the IJ’s factual findings”
  • explaining that the BIA should remand a case to the IJ for further factfinding if an IJ does not specifically address a question of fact
  • stating that the Board’s role is “to accept the facts as found by the [Immigration Judge] and determine de novo whether those facts rose to the level of ‘exceptional and extremely unusual hardship’ as a matter of law”
  • explaining “there is a difference between weighing the factual findings of the IJ and reweighing the underlying evidence and testimony behind those factual findings to reach new factual conclusions”
  • reversing the BIA -7- after it engaged in inappropriate factual findings

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Smith, Shepherd

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.