The following excerpt is from Argueta-Del Sid v. I.N.S., 905 F.2d 1540 (9th Cir. 1990):
We note that in Escobar-Ramos v. INS, No. 88-7309, slip op. 3399 (9th Cir. Apr. 3, 1990) (per curiam) an excuse raised for the first time on a motion to reconsider a decision on appeal was relied upon, without explanation. We, of course, do not know all of the circumstances of that case, but we do not believe that it was intended to overturn our long-standing rule that we review what was before the BIA, rather than take new evidence ourselves.
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