Lising v. INS, 124 F.3d 996, 998-99 (9th Cir. 1997) (court is not precluded from taking judicial notice of an agencys own records; affirming taking judicial notice of application for naturalization); Gafoor v. INS, 231 F.3d 645, 655-57 (9th Cir. 2000) (court may take judicial notice of dramatic foreign developments that occur after the BIAs determination: taking judicial notice of Fijian coup which occurred after the BIAs decision), superseded by statute on other grounds as stated by Parussimova v. Mukasey, 555 F.3d 734 (9th Cir. 2009); Singh v. Ashcroft, 393 F.3d 903, 905-07 (9th Cir. 2004) (court may also take judicial notice under Federal Rule of Evidence 201 of adjudicative facts not subject to reasonable dispute: taking judicial notice of existence and operations of Indian counter-terrorism agency and reversing negative credibility finding based on insufficient corroborative evidence).

Note: When the agency takes administrative notice of events occurring after the merits hearing, it must provide notice to the parties, and in some cases, an opportunity to respond. See Circu v. Gonzales, 450 F.3d 990, 994-95 (9th Cir. 2006) (en banc) (IJ violated due process by taking judicial notice of a new country report without providing notice and an opportunity to respond). Notice of intent to take administrative notice is all that is required if extra-record facts and questions are legislative, indisputable, and general. See Getachew v. INS, 25 F.3d 841, 846 (9th Cir. 1994); Castillo-Villagra v. INS, 972 F.2d 1017, 1029 (9th Cir. 1992). However, more controversial or individualized facts require both notice to the alien that administrative notice will be taken and an opportunity to rebut the extra-record facts or to show cause why administrative notice should not be taken of those facts. Circu, 450 F.3d at 993 (emphasis in original, but internal quotation marks and alternation omitted). An example of an indisputable fact is a political partys victory in an election, whereas a controversial fact would be whether the election has vitiated any previously well-founded fear of persecution. Id. at 994 (internal quotation marks omitted).

 

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