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KUMAR v. GONZALES

No. 03-70200.

439 F.3d 520 (2006)

Narendra KUMAR; Rina Wati Sharma Kumar; Shekhar Kaushik Kumar, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2006.

Attorney(s) appearing for the Case

Robert L. Lewis and Courtney McDermid, Law Office of Robert L. Lewis, Oakland, CA, for Petitioners Narendra, Rina, and Shekhar Kumar.

Donald A. Couvillon, Department of Justice Office of Immigration Litigation, Washington, DC, for Respondent Alberto R. Gonzales, Attorney General.

Before: SILVERMAN, WARDLAW, and CLIFTON, Circuit Judges.

SILVERMAN, Circuit Judge:

8 C.F.R. § 1003.1(e)(4)(ii) prescribes the exact language that the BIA must use when it issues a "streamlined affirmance", i.e., affirms an immigration judge's decision without opinion. In this case, the BIA employed the prescribed language but also added a footnote disavowing the IJ's adverse credibility finding. We hold today that although the footnote violated the BIA's regulations, its inclusion was nothing more than harmless...

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