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John Waldron v. Eric H. Holder, Jr., Attorney General of the United States

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Submitted: March 15, 2012

Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

John Waldron, a native and citizen of the United Kingdom, had his permanent resident status in the United States terminated because of his conviction for second degree assault. Waldron sought an adjustment of status and a waiver of inadmissibility. An immigration judge (IJ) concluded that Waldron was eligible for relief, granting both Waldron’s adjustment of status and the waiver. The Department of Homeland Security (DHS) appealed the IJ’s order to the Board of Immigration Appeals (BIA), which reversed the IJ and ordered Waldron removed to the United Kingdom. Waldron petitions for review, arguing that the BIA erred by analyzing Waldron’s waiver application under an “exceptional and extremely unusual hardship” standard. Waldron also contends that the BIA failed to apply the proper standard of review to the IJ’s factual findings and engaged in improper factfinding. We agree with Waldron that the BIA failed to review the IJ’s factual findings for clear error, and we remand for further proceedings.

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