Mendez v. Holder, 566 F.3d 316 (2d Cir. May 8, 2009) ("Under our decision in Xiao Ji Chen v. U.S. Dept of Justice, 471 F.3d 315, 329 (2d Cir. 2006), that the REAL ID Act restores our jurisdiction to review "constitutional claims or questions of law," 8 U.S.C. 1252(a)(2)(D), and our decision in Barco-Sandoval v. Gonzales, 516 F.3d 35 (2d Cir. 2008), that we can review the determination of whether "exceptional and extremely unusual hardship" is present in those rare cases where a BIA decision rests on fact-finding "which is flawed by an error of law," id. at 40")