Tuesday, July 3, 2012

BIA Cannot Make Independent Findings of Fact

In the case of Rodriguez v. Holder, the Ninth Circuit United States Court of Appeals held that the Board of Immigration Appeals (BIA) cannot independently engage in fact-finding and may only review the record. When an issue is left unresolved by an immigration judge (IJ), and the BIA wants specific factual findings on said issue, the rules require the BIA to remand the case to the IJ instead of making its own factual conclusions.

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