RODRIGUEZ v. HOLDER

Nos. 08-71481, 08-73353.

683 F.3d 1164 (2012)

Rene Lopez RODRIGUEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Rene Lopez Rodriguez, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2012.


Attorney(s) appearing for the Case

Daniel M. Kowalski , The Fowler Law Firm, PC, Austin, TX, for petitioner Rene Lopez-Rodriguez.

Tracey N. McDonald (argued), Gregory G. Katsas , Assistant Attorney General, Blair T. O'Connor , Assistant Director, Edward C. Durant , United States Department of Justice, Washington, D.C., for respondent Eric H. Holder, Jr., Attorney General.

Before: PROCTER HUG, JR., BETTY B. FLETCHER, and RICHARD A. PAEZ, Circuit Judges.


OPINION

PAEZ, Circuit Judge:

The Board of Immigration Appeals' (BIA or Board) governing regulations limit its scope of review of an immigration judge's (IJ) factual findings. Under 8 C.F.R. § 1003.1(d)(3)(i), (iv), the BIA may only review findings of fact for clear error, and is prohibited from making its own factual determinations. In this petition for review, which arises in the context of allegations of drug smuggling, we consider whether the Board...

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