Legal Opinion · Dissent

Lin Quan v. Alberto F. Gonzales

Court of Appeals for the Ninth Circuit

Decided November 7, 2005No. 03-70630Published

1DissentO’Scannlain, Circuit Judge

I respectfully submit that the court has substituted its independent analysis of the record for that of the Immigration Judge (the “IJ”), and, in so doing, has exceeded its authority and intruded upon the proper role of the fact finder. Because I conclude that the IJ’s findings deserve greater deference than the majority accords them, I respectfully dissent from the decision to grant Lin Quan’s petition.

I

Where the BIA has summarily affirmed the decision of an IJ, we review the IJ’s decision as though it were the opinion of the BIA, see Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th…

2Cases cited7 opinions

Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
Gerardo Bibiano Falcon Carriche Theresa v. De Falcon Carriche and Christina Pamela Falcon Bibiano v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
Kamla Prasad Meena Kumari Prasad Catherine Sandhya Prasad Micky Sudesh Prasad Ricky Sumit Prasad v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1995
Jian Guo v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
N/S CORPORATION, a Pennsylvania Corporation, Plaintiff-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1997

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