41.0213 Decisions by court.

Cite as [A.S.C.A. § 41.0213]

The Court may reverse or modify the decision of the Board, or may remand the case for further proceedings, if substantial rights of the petitioner have been prejudiced because the decision of the Board is:

(1) in violation of applicable constitutional or statutory provisions;

(2) in excess of statutory authority of the agency;

(3) made upon unlawful procedure;

(4) affected by other error of law;

(5) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record;

(6) arbitrary, capricious or characterized by abuse of discretion.

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

Case Notes:

If made upon unlawful procedure, a decision of the Immigration Board may be reversed, modified, or remanded for further proceedings by the Appellate Division of the High Court. A.S.C.A. § 41.0212(3). Farapo v. American Samoa Government, 23 A.S.R.2d 136 (1993).