183618P.pdf   04/03/2020  Ahmed Kassim  v.  William P. Barr
   U.S. Court of Appeals Case No:  18-3618
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Grasz, Circuit 
   Judges] 
   Petition for Review - Immigration. The court had jurisdiction to review 
   petitioner's arguments as to whether the BIA applied the proper standard 
   of review to his claims for a waiver of inadmissibility and deferral of 
   removal, and the criminal-alien bar did not preclude review; in reversing 
   the IJ's decision to grant a waiver of inadmissibility, the BIA did not 
   supplant the IJ's hardship finding with one of its own; instead, it 
   accepted the hardship finding as a given and went on to review the 
   discretionary decision to grant the waiver de novo; further proceedings 
   are required on petitioner's request for deferral of removal under the 
   Convention Against Torture as the IJ's decision is missing a finding that 
   petitioner would be more likely than not to suffer torture if returned to 
   Somalia; the matter is remanded for further proceedings on this issue. 
   Judge Grasz, dissenting in part.