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No. 8622718
United States Court of Appeals for the Ninth Circuit
Tsomo v. Gonzales
No. 8622718 · Decided July 3, 2006
No. 8622718·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 3, 2006
Citation
No. 8622718
Disposition
See opinion text.
Full Opinion
ORDER * The court sua sponte vacates the Board of Immigration Appeals’ decision and remands the petition for review for an actual finding of the nationality of the petitioner. The petitioner’s testimony was unworthy of belief, but in declaring it impossible to decide nationality, the IJ disregarded documentary and other evidence tending to show that in all probability she was, in fact, a refugee from Tibet. After making a finding of nationality, the Board should proceed to a decision on the merits of her claim. VACATED and REMANDED. It is so ordered. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
ORDER * The court sua sponte vacates the Board of Immigration Appeals’ decision and remands the petition for review for an actual finding of the nationality of the petitioner.
Key Points
01ORDER * The court sua sponte vacates the Board of Immigration Appeals’ decision and remands the petition for review for an actual finding of the nationality of the petitioner.
02The petitioner’s testimony was unworthy of belief, but in declaring it impossible to decide nationality, the IJ disregarded documentary and other evidence tending to show that in all probability she was, in fact, a refugee from Tibet.
03After making a finding of nationality, the Board should proceed to a decision on the merits of her claim.
04This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.
Frequently Asked Questions
ORDER * The court sua sponte vacates the Board of Immigration Appeals’ decision and remands the petition for review for an actual finding of the nationality of the petitioner.
FlawCheck shows no negative treatment for Tsomo v. Gonzales in the current circuit citation data.
This case was decided on July 3, 2006.
Use the citation No. 8622718 and verify it against the official reporter before filing.