When reviewing a decision by the Federal Bureau of Investigation (BIA) on an application for disability benefits, can the BIA rely upon itself?
MultiRegion, United States of America
The following excerpt is from Heyi Shao v. Garland, 15-72808 (9th Cir. 2021):
When reviewing BIA decisions, we "consider only the grounds relied upon by that agency," Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011)
(citation omitted), and may not affirm upon grounds the BIA did not rely upon itself, Arrey v. Barr, 916 F.3d 1149, 1157 (9th Cir. 2019). We conclude that the BIA decision was supported by substantial evidence.
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