Quote:
Originally Posted by Smooth
Oh, it’s true,
“The court of appeals makes its decision based solely on the trial court’s or agency’s case record. The court of appeals does not receive additional evidence or hear witnesses. The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.””
https://www.uscourts.gov/statistics-...rnalists-guide
The DACA regulation and its legal analysis were not part of the district court’s case record, so there is a very damn good reason to send it back to the district court. Note, MALDEF and NJ ask for the case to be sent to the district court. |
I mean that's how it should work, but all in reality it's not rare at all for appeals courts to do a first review of new claims or evidence.
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I-360 (VAWA) filed: 08/21/2018 RFE: 02/27/2020 Due: 05/25/2020 Submitted: 05/21/2020
I-360 approved: 11/10/2020
Motion to recalendar filed: 07/29/2022 Motion to recalendar approved: 08/30/2022 Dismissed: 06/07/2023
I-485 filed: 06/17/2023 I-485 Interview: 4/29/2024 I-485 approved: TBD