Jean Ridore v. Eric H. Holder Jr.

Jean Baptiste Ridore petitions for review of a decision of the Board of Immigration Appeals (BIA) ordering him removed to his native Haiti. The BIA vacated the decision of the immigration judge (IJ) granting Ridore protection under the Convention Against Torture (CAT) and cancellation of removal. Ridore argues 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. We agree that the BIA committed legal error in vacating the IJ’s decision with respect to the CAT protection claim, and therefore grant Ridore’s petition and remand to the BIA to review the IJ’s CAT findings applying the clear error standard. As to cancellation of removal, the BIA applied the correct standard of review, so we deny Ridore’s petition to that extent. We vacate, however, that part of the BIA’s order and remand to the BIA for reconsideration in light of our remand on Ridore’s CAT claim.

Background

Ridore, a native and citizen of Haiti, was admitted to the United States as a lawful permanent resident in 1973, at the age of 12. His father, sister…