1. Pursuant to Federal Rules of Administrative Practice, rule 16, the record on review for enforcement of an agency order includes the pleadings, evidence, and other parts of the proceedings before the agency. The rule provides that the Court may direct that a supplemental, corrected record be prepared and filed if there is an omission from the record.

2. The Immigration Judge (IJ) and Board of Immigration Appeals (BIA) have a regulatory duty to furnish Petitioner with the reviewed and approved transcript of decisions upon notice of appeal. 8 CFR 1003.5 (the immigration judge shall review the transcript and approve the decision within 14 days of receipt.).

3. Pursuant to 8 CFR 1240.9, the administrative record must include the hearing before the immigration judge, including the testimony, exhibits, applications, proffers, and requests, the immigration judges decision, and all written orders, motions, appeals, briefs and other papers filed in the proceedings.

4. Federal Rules of Appellate Procedure, rule 17(b)(1)(A), requires that the agency file the original or a certified copy of the entire record.

5. Check cover sheet of the Certified Administrative Record. Point out that someone at OIL certified that this is the entire certified administrative record. This certification was under penalty of perjury. Attach a copy of that page, because it is the "zero" page and does not have pagination of record on it. The in absentia hearing is part of the administrative record for this client, therefore the government has the duty to transcribe the tapes.

6. File a motion for a corrected certified administrative record and to hold the case in abeyance until the record is corrected. Thanks to Maris J. Liss.