Josefina Elizabeth Pascual-Diaz v. Immigration and Naturalization Service

67 F.3d 308 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Josefina Elizabeth PASCUAL-DIAZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70220. United States Court of Appeals, Ninth Circuit. Submitted Sept. 11, 1995. * Decided Sept. 28, 1995. 1 Before: T.G. NELSON and KLEINFELD, Circuit Judges, and LEGGE, District Judge. ** 2 MEMORANDUM *** 3 Pascual-Diaz argues that the "BIA offered no explanation for its decision upholding the Immigration Judge's denial of petitioner's claims. The BIA must do more than just refer to relevant factors in passing." Pascual-Diaz cites this principle in Mattis v. INS, 774 F.2d 965 (9th Cir.1985): 4 [W]e require that [the BIA's] stated reasons evidence its consideration of all relevant factors. Cursory, summary or conclusive statements are inadequate. BIA's denial of relief can be affirmed only on the basis articulated in the decision ... and it cannot be assumed that the BIA considered factors that it fails to…