Thursday, June 01, 2006

Purveegiin: BIA Cannot Overturn IJ's Fact Findings Via One-Judge Review

Purveegiin v. Atty Gen USA
Purveegiin v. Gonzales
June 1, 2006
No. 04-3797

The Third Circuit overturned the BIA's one-judge decision because the BIA's regulations do not permit a single BIA judge to render a ruling that overturns an immigration judge's factual findings. The regulations allow one-judge rulings in a variety of circumstances, including affirming the IJ's ruling or overturning an IJ's legal decision because of clear contrary authority. But there is no authority for a single BIA member to issue a ruling that overturns an IJ's factual findings.

It's notable also that the Third Circuit ruled that the BIA's decision to allow a single member to issue the decision is an action that can be reviewed (because it does not lie explicitly within the agency's discretion).


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