The Second Circuit has determined that it will review the agency’s hardship determination as it relates to cancellation of removal for nonlawful permament residents under a clear error standard. Under the deferential clear-error standard of review, “a finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. ‘Clear error’ review generally has been recognized as being less deferential to the factfinder than ‘substantial evidence’ review, and though the difference between the two standards is, on the surface, subtle, traditionally, clear error review has been considered somewhat stricter (i.e., allowing somewhat closer judicial review) than the substantial evidence standard.“
The full text of Toalambo Yanez v. Bondi can be found here: