4.8 - Evidence on Appeal

(a) Record Evidence

The Board considers only that evidence that was admitted in the proceedings below.

(b) New Evidence on Appeal

The Board does not consider new evidence on appeal. If new evidence is submitted, that submission may be deemed a motion to remand proceedings to the Immigration Judge for consideration of that evidence and treated accordingly. 8 C.F.R. § 1003.1(d)(3)(iv).   See Chapter 5.8 (Motions to Remand).

(c) Administrative Notice on Appeal

The Board may, at its discretion, take administrative notice of commonly known facts not appearing in the record. 8 C.F.R. § 1003.1(d)(3)(iv). For example, the Board may take administrative notice of current events and contents of official documents, such as country condition reports prepared by the U.S. Department of State.

(d) Representations of Counsel

Representations made by counsel in a brief or motion are not evidence. Matter of Ramirez-Sanchez, 17 I&N Dec. 503 (BIA 1980).