What is the test for denying a petition for review on a ground that the Federal Bureau of Investigation (BIA) itself did not base on?
MultiRegion, United States of America
The following excerpt is from Ming Dai v. Sessions, 884 F.3d 858 (9th Cir. 2018):
"[W]e cannot deny a petition for review on a ground [upon which] the BIA itself did not base its decision." Hernandez-Cruz v. Holder , 651 F.3d 1094, 1110 (9th Cir. 2011). We review the agency's factual findings for substantial evidence. Hamazaspyan v. Holder , 590 F.3d 744, 747 (9th Cir. 2009).
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