Board holding that contradicted Immigration Judge's findings of fact without claiming clear error was contrary to it's interpretation of its own jurisdiction and the principle that holdings must be stated clearly; citing the regulation that allows for different standards of review in different situations does not sufficiently establish the claim of clear error.
http://media.ca8.uscourts.gov/opndir/18/06/171682P.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.