Altawil

ORDER

Mohammed Riad Altawil (“Petitioner”) moves this court (1) to reconsider its order, filed December 12, 1997, striking the Petitioner’s Supplemental Excerpt of Record (“Supplemental Excerpt”), or in the alternative (2) for Leave to Adduce Additional Evidence and to Remand to the Board of Immigration Appeals (the “Board”).

The Immigration and Naturalization Service (“Respondent”) has requested the court to consider Petitioner’s motion to be a request, pursuant to Rule 16(b) of the Federal Rules of Appellate Procedure, to supply an omission from the record. Respondent has stipulated to the addition of the transcript to the administrative record. Respondent opposes the motion as to all other documents included in the Excerpt of Record.

In light of this stipulation, we deem Petitioner’s motion to be a request to supply an omission from the record pursuant to Rule 16(b). We hereby grant that request, solely as to the hearing transcript, and will consider the hearing transcript to be a supplemental record for purposes of the petition.

Under 8 U.S.C. § 1105a(a)(4), the petition must “be determined solely upon the administrative record upon which the deportation order is based.”…