Circu

facts or to show cause why administrative notice should not be taken of those facts.” 25 F.3d 841, 846 (9th Cir. 1994) (emphasis in original). We grant the petition for review because the BIA did not correct the IJ’s procedural due pro- cess violation.

I. BACKGROUND

The underlying facts are not disputed. Circu is a native and citizen of Romania, where Romanian Orthodox Christianity is the predominant religion. Circu and her family are Pentecostal Christians. On November 2, 1994, she entered the United States as a nonimmigrant visitor for pleasure and was autho- rized to remain here until November 1, 1995. On March 27, 1996, the Immigration and Naturalization Service (“INS,” now the Department of Homeland Security) charged that Circu was subject to deportation for overstaying her visa under 8 U.S.C. § 1251(a)(1)(B) (currently, 8 U.S.C. § 1227(a)(1)(B)). Conceding deportability, Circu applied for asylum based primarily on religious persecution.

A staggered two-day deportation hearing was held before an IJ in March and July of 1998. Circu testified that the reli- gious persecution of her family dates back to the 1950s, before she was born, when her grandfather was jailed and…