Ridore v. Holder Jr., No. 08-71379 (9th Cir. 2012)
Annotate this CasePetitioner, a native and citizen of Haiti, petitioned for review of the BIA's order of removal. The BIA vacated the decision of the IJ granting petitioner protection under the Convention Against Torture (CAT) and cancellation of removal. Petitioner argued that the BIA acted beyond the scope of its authority under 8 C.F.R. 1003.1(d)(3) by reviewing the IJ's findings under a de novo rather than clear error standard and improperly engaging in its own factfinding. The court agreed that the BIA committed legal error in vacating the IJ's decision with respect to the CAT protection claim, and therefore granted the petition and remanded for further proceedings. As to cancellation of removal, the BIA applied the correct standard of review and the court denied the petition to that extent.
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