Home -> Law Blog Directory -> Criminal Law Blogs -> Law Of Criminal Defense

Criminal Law

: Law Of Criminal Defense

Don't cite Wikipedia

By John Wesley Hall, Jr.

The Eighth Circuit reversed a BIA determination for relying on Wikipedia because the website is not authoritative of anything. Badasa v. Attorney General, 2008 U.S. App. LEXIS 18603 (8th Cir. August 28, 2008). We conclude that the case must be remanded for further proceedings, because the BIA failed adequately to explain its conclusion that Badasa did not establish her identity. See SEC v. Chenery Corp., 318 U.S. 80, 94-95, 63 S. Ct. 454, 87 L. Ed. 626 (1943). The BIA did not adopt the entirety of the IJ's reasoning for rejecting Badasa's claim. Rather, the BIA acknowledged that it was improper for the IJ to consider information from Wikipedia in evaluating Badasa's submission on remand, and the government does not dispute that conclusion here...continue to full post

Full post as published by Law Of Criminal Defense on September 05, 2008 (boomark / email).