BARROS v. GARLAND

No. 21-1335.

31 F.4th 51 (2022)

Jose Pedro Santos Faria BARROS, Petitioner, v. Merrick B. GARLAND, United States Attorney General, Respondent.

United States Court of Appeals, First Circuit.

April 19, 2022.


Attorney(s) appearing for the Case

Manuel R. Pires , with whom Rodrigues Pires PC was on brief, for petitioner.

Rodolfo D. Saenz , Trial Attorney, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, with whom Brian Boynton , Acting Assistant Attorney General, Civil Division, and Zoe J. Heller , Senior Litigation Counsel, Office of Immigration Litigation, were on brief, for respondent.

Gilles Bissonnette and SangYeob Kim were on brief for amicus curiae American Civil Liberties Union of New Hampshire.

Before Barron, Chief Judge, Howard and Thompson, Circuit Judges.


We again face a claim that the Board of Immigration Appeals ("BIA") violated its standard of review when reviewing the grant of discretionary relief from removal by an Immigration Judge ("IJ"). After clearing some jurisdictional hurdles along the way, we conclude the BIA impermissibly changed an IJ's balance-tipping factual...

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