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11-71458 - Mark Brown v. Loretta E. Lynch


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11-71458 - Mark Brown v. Loretta E. Lynch
August 18, 2014
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FILED OPINION (FORTUNATO P. BENAVIDES, RICHARD C. TALLMAN and RICHARD R. CLIFTON) The government argues that this letter is not part of the administrative record and therefore it should not be considered. See 8 U.S.C. § 1252(b)(4)(A). However, the court of appeals may go beyond the administrative record when it transfers a matter to the district court because there is a genuine issue of fact. Id. § 1252(b)(5)(B); see Batista v. Ashcroft, 270 F.3d 8, 13–14 (1st Cir. 2001). We therefore grant Brown’s motion for judicial notice of the N-604 denial.Each party shall bear its own costs. DENIED IN PART, DISMISSED IN PART, TRANSFERRED IN PART. Judge: RCT Concurring, Judge: RRC Authoring. FILED AND ENTERED JUDGMENT. [9207599]
August 2, 2016
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FILED OPINION (FORTUNATO P. BENAVIDES, RICHARD C. TALLMAN and RICHARD R. CLIFTON) DENIED. Judge: RRC Authoring. FILED AND ENTERED JUDGMENT. [10071958]