41.0211 Scope of review-Evidence.

Cite as [A.S.C.A. § 41.0211]

(a) The Court may not substitute its judgment for that of the Board as to the weight of the evidence on questions of fact. In reviewing the Board’s interpretation of the evidence, its factual inferences, and its conclusions of law, the court shall give substantial weight to the Board’s experience, technical competence and specialized knowledge of immigration problems in American Samoa.

(b) The review shall be confined to the record; however, the Court in its sound discretion may receive evidence to supplement the record.

History: 1984, PL 18-52 § 2, amd 2004, PL 28-17.

Case Notes:

Starting point for judicial inquiry in reviewing Immigration Board order is the record itself; where Board did not supply a complete record of its proceedings, the missing facts would be found favorably to the appellant. A.S.C.A. § 41.0210. Rakhshan v. Immigration Board (Mem.), 13 A.S.R. 2d 25 (1989).

Where it was not clear from Immigration Board decision that in the absence of allegedly false statements the appellant would have been deported solely because he was no longer employed, and where the court had found no false statements in the record, a stay of deportation would be granted and the matter remanded for a new hearing. A.S.C.A. § 41.0210-11. Rakhshan v. Immigration Board (Mem.), 13 A.S.R. 2d 25 (1989).