Billeke-Tolosa v. Ashcroft, 385 F.3d 708 (6th Cir. Sept. 30, 2004) (order of removal vacated where IJ considered unproven allegations following arrest, that did not result in convictions, in denying relief as a matter of discretion; IJ acted in violation of BIA precedent decision In re Catalina Arreguin de Rodriguez, 21 I. & N. Dec. 38 (1995)).