Tso

Chi on Tso v. Holder

Good Law
450 F. App'x 678
United States Court of Appeals for the Ninth CircuitSeptember 28, 201105-74579California416 words

Opinion

Opinion

MEMORANDUM

The facts and procedural posture of the case are known to the parties, and we do not repeat them here. Petitioner Chi On Tso seeks review of the decision of the Immigration Judge (IJ), affirmed without opinion by the Board of Immigration Appeals (BIA), denying Tso discretionary relief from removal under § 212(c) of the Immigration and Nationality Act. He claims that the IJ acted contrary to law in violating BIA precedent by relying upon uncorroborated police reports. When the BIA affirms without opinion, as it did here, we review the IJ’s decision as the final agency determination. Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003).

This court may review whether the BIA acted contrary to law in resting its decision on a basis that is improper according to its own precedent. Hernandez v. Ashcroft, 345 F.3d 824, 828-29 (9th Cir.2003). The BIA has indicated that great weight should not be afforded to uncorroborated police reports. See In re Arreguin De Rodriguez, 21 I. & N. Dec. 38, 42 (B.I.A.1995). Here, the IJ did look to several police reports but relied principally on other, corroborating evidence. The IJ relied on Tso’s testimony about the circumstances…

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