Gomez-Granillo, et al. v. Holder, Jr., No. 06-70635 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of a decision of the BIA dismissing an appeal from an order of removal to Mexico. Despite petitioner's testimony to the contrary, an IJ found that petitioner was inadmissible because the inspectors at the border inspection station had reason to believe that petitioner was knowingly involved in drug trafficking. The BIA dismissed the appeal because substantial evidence supported the finding that an immigration officer had the necessary "reason to believe." The court granted the petition for a new hearing because the IJ misunderstood the relevant legal standard and in the circumstances, the court held that it was appropriate to remand for further proceedings to evaluate the credibility of petitioner's testimony that he did not know he was transporting marijuana, and the effect of the determination on the question of whether the IJ or BIA had "reason to believe" in light of all the evidence placed before the IJ during the course of the proceedings.
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