Schroeck v. Gonzales, 429 F.3d 947 (10th Cir. Nov. 16, 2005) (IJ found denied 212(h) waiver as a matter of discretion primarily based upon testimony [presumably given during the deportation proceeding] that he had committed rape against a 14 year old, although no conviction resulted from this act; the BIA affirmed the decision based upon the testimony, as well as three criminal convictions; respondent argued court had jurisdiction to review under REAL ID Act because IJ had abused his discretion, thus making the issue a question of law; petition was denied because subsequent BIA decision was not a streamlined affirmance of the IJ decision without opinion, but was a de novo denial based upon the testimony as well as the convictions). http://laws.lp.findlaw.com/10th/049584.html