The Supreme Court has determined that the “exceptional and extremely unusual hardship” standard in non-LPR cancellation of removal cases is a mixed question of fact and law, subject to federal court review. “The facts underlying any determination on cancellation of removal therefore remain unreviewable. For instance, an IJ’s factfinding on credibility, the seriousness of a family member’s medical condition, or the level of financial support a noncitizen currently provides remain unreviewable. Only the question whether those established facts satisfy the statutory eligibility standard is subject to judicial review. Because this mixed question is primarily factual, that review is deferential.”
The full text of Wilkinson v. Garland can be found here:
https://www.supremecourt.gov/opinions/23pdf/22-666diff_f2bh.pdf