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Related Cases

Barros v. Garland

Facts

Jose Pedro Santos Faria Barros entered the U.S. as a lawful permanent resident in 1991 and has lived there ever since. He has a history of mental health issues and drug addiction, which have led to multiple criminal convictions, including violence towards family members. Barros applied for cancellation of removal after being detained by immigration officials, arguing that his removal would cause significant hardship to his father, especially following the recent death of his mother.

Jose Pedro Santos Faria Barros first entered the United States as a lawful permanent resident in 1991, at the age of five. He came with the rest of his family, including his mother, father, and siblings, from Cape Verde. He has resided here ever since. In fact, Barros has never been back to Cape Verde. All of his immediate family resides here, too. Barros has a history of depression, anxiety, self-harm, and drug use. He attributes his struggles to a fall when he was 4 years old in which he struck his head. He began to experience headaches around age 11, and he says those headaches led to difficulty concentrating, which in turn led to depression and anxiety. His depression and anxiety, in turn, led to suicidal ideations and at least three suicide attempts. Barros also began using drugs around the time he turned 18. He says it started with crack cocaine, which he used to cope with his depression and anxiety. At age 32, he also started to use heroin. He's been to treatment at least three times, though he often relapsed. He last sought treatment not long before he was hauled before the immigration court in this case. And, as of February 2020, he had been sober for about ten months. Beginning in 2003, Barros began amassing a criminal rap sheet. He's been convicted six times, including four convictions for possession of controlled substances and two for breaking and entering. He's also been arrested at least an additional ten times for charges such as breaking and entering, malicious destruction of property, shoplifting, disorderly conduct, assault and battery, and prison vandalism. Barros has said that, on at least one of these occasions, he stole to get money for drugs.

Issue

Did the BIA improperly change the IJ's factual finding regarding the hardship that Barros's removal would cause to his father?

Did the BIA improperly change the IJ's factual finding regarding the hardship that Barros's removal would cause to his father?

Rule

The BIA must apply a clear-error standard when reviewing an IJ's factual findings, meaning it cannot change those findings unless it is left with a definite and firm conviction that a mistake has been made.

But when reviewing factual conclusions, the BIA's power is much narrower. That is so because '[t]he IJ has the front-line duty of finding the facts.' Chen v. Holder, 703 F.3d 17, 22 (1st Cir. 2012). The BIA is prohibited from 'engag[ing] in factfinding in the course of deciding appeals.' 8 C.F.R. 1003.1(d)(3)(iv) (2020). Rather, when the BIA reviews the IJ's findings of fact, it reviews them only for clear error. Id. 1003.1(d)(3)(i); see Adeyanju v. Garland, 27 F.4th 25, 33 (1st Cir. 2022) (further detailing the clear-error standard applied by the BIA).

Analysis

The court determined that the BIA had impermissibly altered the IJ's factual finding that Barros's removal would cause hardship to his father. The IJ had found significant positive factors, including Barros's long-term residence in the U.S. and the recent death of his mother, which the BIA failed to properly weigh against Barros's criminal history.

The court determined that the BIA had impermissibly altered the IJ's factual finding that Barros's removal would cause hardship to his father. The IJ had found significant positive factors, including Barros's long-term residence in the U.S. and the recent death of his mother, which the BIA failed to properly weigh against Barros's criminal history.

Conclusion

The court granted Barros's petition for review and remanded the case back to the BIA for further proceedings, emphasizing that the BIA must adhere to the clear-error standard in its review.

The court granted Barros's petition for review and remanded the case back to the BIA for further proceedings, emphasizing that the BIA must adhere to the clear-error standard in its review.

Who won?

Jose Pedro Santos Faria Barros prevailed in the case because the court found that the BIA had improperly changed the IJ's factual findings without applying the correct standard of review.

Jose Pedro Santos Faria Barros prevailed in the case because the court found that the BIA had improperly changed the IJ's factual findings without applying the correct standard of review.

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