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.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.