The First Circuit has determined that the Board of Immigration Appeals incorrectly altered an Immigration Judge’s factual findings related to discretion without applying clear error review. Specially, the judge determined that the applicant’s removal would cause extreme hardship to his father, while the Board noted only that hardship “may” occur. The Board reversed the positive discretionary finding made by the judge, and the First Circuit remanded because the Board did not explain why the judge’s predictive finding regarding hardship was clearly erroneous.
The full text of Barros v. Garland can be found here: