Esperanza Alvarado de Rodriguez v. Holder, 585 F.3d 227 (5th Cir. Oct. 9, 2009) (whether the BIA applied an improper standard of review is a question of law, which the court of appeal has jurisdiction to consider: here, the BIA improperly reviewed the IJ's factual findings de novo, when the BIA, while indicating that it did not find any clear error in the immigration judge's factual findings or in its credibility determinations, nonetheless all but ignored significant testimony and documentary evidence that the alien presented as proof of her good faith in entering into marriage).