Rene Lopez Rodriguez v. Eric H. Holder Jr.
683 F.3d 1164
| 9th Cir. | 2012Background
- Lopez-Rodriguez, Mexican citizen, was found with marijuana in a truck at Lukeville port of entry in 2006 while acting as a runner for a Mexican employer.
- CBP inspected the truck; a gas-tank inspection revealed packages believed to be drugs inside the tank.
- IJ found Lopez-Rodriguez credible and admissible; the government sought to classify him as an illicit drug trafficker under INA § 212(a)(2)(C).
- BIA reversed the IJ twice, criticizing credibility and relying on Officer Gonzalez’s estimates about gas-tank capacity and fuel, and on a supposed contradiction in Lopez-Rodriguez’s testimony.
- On remand, BIA again reversed, stating it would not defer to the IJ’s findings and undertook its own factual determinations, including credibility assessments.
- The Ninth Circuit grants the petition, holds BIA erred by de novo fact-finding and by substituting its own factual determinations, and remands for proper application of the clear-error standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BIA applied the correct standard of review | Lopez-Rodriguez | Holder | Remanded; improper de novo fact-finding not allowed under §1003.1(d)(3)(i). |
| Whether the BIA made impermissible factual findings about gas-tank estimates | Lopez-Rodriguez | Gonzalez | Remanded; BIA cannot adopt or create facts about fuel in tank without remand. |
| Whether the BIA properly reviewed credibility determinations | Lopez-Rodriguez | Gonzales | Remanded; BIA failed to give deference to IJ’s credibility findings. |
Key Cases Cited
- Anderson v. Bessemer City, 470 F.2d 564 (U.S. 1985) (clear-error review limits on credibility findings; deference to fact-finder essential)
- Hinkson v. U.S. Air Dept., 585 F.3d 1247 (9th Cir. 2009) (abuse-of-discretion notions tied to clear-error standard (en banc))
- Brezilien v. Holder, 569 F.3d 403 (9th Cir. 2009) (Board may not engage in de novo review of IJ findings)
- Padmore v. Holder, 609 F.3d 62 (2d Cir. 2010) (Board must remand for missing factual findings; cannot decide unresolved facts)
- Kabba v. Mukasey, 530 F.3d 1239 (10th Cir. 2008) (board cannot substitute its factual view for an IJ’s under clear-error framework)
- Chen v. Bureau of Citizenship and Immigration Serv., 470 F.3d 509 (2d Cir. 2006) (BIA’s independent credibility review can constitute error if it overruns IJ findings)
- Tamang v. Holder, 598 F.3d 1083 (9th Cir. 2010) (jurisdiction and de novo/legal standard review in BIA determinations)
- Arteaga v. INS, 836 F.2d 1227 (9th Cir. 1988) (applies standards for review of BIA results and legal conclusions)
- Cordon-Garcia v. INS, 204 F.3d 985 (9th Cir. 2000) (limits on BIA’s review when IJ has made factual findings)