111981P.pdf   08/06/2012  John Waldron  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  11-1981
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, with
   Smith, Circuit Judge]
   Petition for Review - Immigration. Based on the statute under which
   Waldron was convicted and the actual offense conduct, the BIA did not
   plainly err in concluding Waldron committed a "violent or dangerous
   crime" under 8 C.F.R. Sec. 1212.7(d), and the BIA properly subjected
   Waldron's waiver application to the heightened standard of
   demonstrating "exceptional and extremely unusual hardship;" under
   Section 1252(a)(2), the court retains jurisdiction to address the legal
   question of whether the BIA applied the correct standard of review when
   reviewing the IJ's factual findings; BIA deviated from the "clearly
   erroneous" standard in evaluating the IJ's findings and engaged in
   inappropriate fact finding, supplanting the IJ's findings with its own;
   remanded to the BIA for further proceedings consistent with this opinion.