9th Circ. Says BIA Conducted Impermissible Fact Finding

Law360, New York (December 7, 2015, 5:46 PM ET) — The Ninth Circuit on Friday granted a Mexican national’s petition for review and ordered the Board of Immigration Appeals to reconsider its decision upholding an immigration judge’s denial of his application for cancellation of removal and request for voluntary departure, saying the BIA erred by conducting impermissible fact finding.

In an unpublished opinion, the three-judge panel said the BIA’s finding that Alejandro Camarillo-Ortega’s stepfather was an unreliable witness because he could not recall basic information — such as Camarillo’s name, his mother’s name and the year…

Source: Law360