Igwebuike v. Caterisano, ___ F.3d ___ , ___, 2007 WL 1180300 (4th Cir. April 20, 2007) ("An arrest or charge by itself is not substantial evidence of drug trafficking. Although the Director may determine that an alien is inadmissible based on facts underlying an arrest, he must cite these facts as support for his "reason to believe" that the petitioner was involved in drug trafficking."; a charge of which the defendant was acquitted is insufficient to constitute the "reason to believe" ground of inadmissibility finding that the defendant has ever been a trafficker in illicit controlled substances, under INA 212(a)(2)(C), 8 U.S.C. 1182(a)(2)(C), which must be based on "reasonable, substantial, and probative evidence."), quoting Matter of Rico, 16 I. & N. Dec. 181, 185 (BIA 1977); Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000).

jurisdiction: 
Fourth Circuit

 

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