In what circumstances will the Court remand an application to the Board of Immigration Appeals?
MultiRegion, United States of America
The following excerpt is from Cervantes v. Immigration & Naturalization Serv., 242 F.3d 1169 (9th Cir. 2001):
In general, we do not remand a matter to the BIA if, on the record before us, it is clear that we would be "compelled to reverse [the BIA's] decision if it had decided the matter against the applicant." Navas v. INS, 217 F.3d 646, 662 (9th Cir. 2000) (citations omitted). If the ultimate outcome on an issue is clear on the record, remand is inappropriate, even if the BIA reasonably chose not to reach that issue. Id.
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