MATTER OF S-H-: BIA REMANDS IJ GRANT OF ASYLUM FOR MORE COMPLETE FACTUAL FINDINGS
Immigrants' Rights Update, Vol. 16, No. 6, October 21, 2002

A three-member panel of the Board of Immigration Appeals has sustained an appeal of the Immigration and Naturalization Service from a grant of asylum to an Iraqi family, finding the immigration judge's decision to be inadequate. The BIA noted that the decision was conclusory and "did not make any specific findings of fact, did not include any explicit credibility determinations, and did not meaningfully discuss the documents that had been offered into evidence."

In its decision, the BIA notes that as of the date of the decision (Sept. 12, 2002) it has the option to independently evaluate the administrative record and make findings of fact, but that it will lose this power as to new appeals under the regulations that take effect on Sept. 25, 2002 (for more information about these regulations, see "Attorney General Issues Final Rule to Reform BIA," Immigrants' Rights Update, Sept. 10, 2002, p. 1). The BIA remanded the case for further factual findings, noting "that it is more important than ever for Immigration Judges to include in their decisions clear and complete factual findings of fact that are supported by the record and are in compliance with controlling law."

Matter of S-H-, 23 I. & N. Dec. 462, Int. Dec. 3478 (BIA Sept. 12, 2002).

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