This manual describes procedures, requirements, and recommendations for practice before the BIA. (v) The Chairman shall notify the Director of EOIR and the Attorney General if a Board member consistently fails to meet the assigned deadlines for the disposition of appeals, or otherwise fails to adhere to the standards of the case management system. The decision below is, therefore, the final agency determination. The three most likely reasons why the Board of Immigration Appeals might … Electronic Code of Federal Regulations (e-CFR), CHAPTER V - EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE, PART 1003 - EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. The Board of Immigration Appeals (BIA) is a body of the Department of Justice and is the highest administrative body for interpreting and applying U.S. immigration laws. In determining whether to publish a precedent decision, the Board may take into account relevant considerations, in the exercise of discretion, including among other matters: (i) Whether the case involves a substantial issue of first impression; (ii) Whether the case involves a legal, factual, procedural, or discretionary issue that can be expected to arise frequently in immigration cases; (iii) Whether the issuance of a precedent decision is needed because the decision announces a new rule of law, or modifies, clarifies, or distinguishes a rule of law or prior precedent; (iv) Whether the case involves a conflict in decisions by immigration judges, the Board, or the federal courts; (v) Whether there is a need to achieve, maintain, or restore national uniformity of interpretation of issues under the immigration laws or regulations; and. § 112(b)(1) and 8 C.F.R. [6] [^] Implementation of Internal Reorganization of the Immigration and Naturalization Service, 59 Fed. These precedent decisions, except as modified or overruled by later precedent decisions or statutory or regulatory changes, must be followed by DHS employees. [2] [^] Please mail or fax any comments or suggestions to the AAO with “AAO Practice Manual” in the subject line. (e) Case management system. (6) Panel decisions. [5] [^] Powers and Duties of Service Officers; Availability of Service Records, 48 Fed. The body is made up of 15 board members. (vii) The need to resolve a complex, novel, unusual, or recurring issue of law or fact. The Board member may summarily dismiss an appeal after completion of the record of proceeding. (i) Publication of Secretary's precedent decisions. APPELLATE JURISDICTION It is normally true in immigration proceedings that once an appeal is filed with the Board of Immigration Appeals, the Immigration Court or district director loses jurisdiction over the matter. A .gov website belongs to an official government organization in the United States. The Secretary of DHS’s delegation of appellate jurisdiction to USCIS is DHS Delegation Number 0150.1(U) (effective March 1, 2003). § 1003.15(b)(6) (2019), or include a certificate of service indicating the Immigration Court Representation of Parties before the Administrative Appeals Office, Chapter 4. The jurisdiction of, and procedures before, the Board of Immigration Appeals in exclusion, deportation, removal, rescission, asylum-only, and any other proceedings, shall remain in effect as in effect on February 28, 2003, until the regulations in this chapter are further modified by the Attorney General. The Director may in his discretion designate immigration judges, retired Board members, retired immigration judges, and administrative law judges employed within, or retired from, EOIR to act as temporary Board members for terms not to exceed six months. Discipline of practitioners and recognized organizations. Motions to Reopen and Reconsider, Chapter 5. The Service may be represented before the Board by an officer of the Service designated by the Service. Contacting the Administrative Appeals Office, When to Use Form I-290B, Notice of Appeal or Motion. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Facts determined by the immigration judge, including findings as to the credibility of testimony, shall be reviewed only to determine whether the findings of the immigration judge are clearly erroneous. USCIS had denied his spouse’s I-130 petition finding that Petitioner had misrepresented a material fact by not disclosing a prior marriage. (iii) Disciplinary consequences. USCIS may also “adopt” an AAO non-precedent decision to provide policy guidance to USCIS employees in making determinations on applications and petitions for immigration benefits. The current USCIS regulations refer to both the AAU and the AAO. No oral argument will be allowed in a case that is assigned for disposition by a single Board member. (5) Discipline of practitioners and recognized organizations. The BIA dismissed Petitioner’s appeal, holding that neither the BIA nor the Immigration Court had jurisdiction to FILED United States Court of Appeals Tenth Circuit January 17, 2020 Christopher M. Wolpert Clerk of Court Temporary Board members shall also be known as temporary Appellate Immigration Judges. See Chapter 1.6 for more information about the Board. EOIR publishes all AAO and Board precedent decisions in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the United States. Board of Immigration Appeals (BIA) Legal Services Resources for Immigrants: San Mateo County State Bar of California * 2019 grant recipient of the State Bar - … Immigration Institute of the Bay Area . [3] [^] For more information about the AAO’s standard of review, see Chapter 3.4. For more information about motions on AAO decisions, see Chapter 4. In other cases, after completion of the record on appeal, including any briefs, motions, or other submissions on appeal, the Board member or panel to which the case is assigned shall issue a decision on the merits as soon as practicable, with a priority for cases or custody appeals involving detained aliens. BIA reviews decisions of immigration courts and also some decisions of the U.S Citizenship and Immigration Services(USCIS). The Chairman shall also prepare a report assessing the timeliness of the disposition of cases by each Board member on an annual basis. The Board of Immigration Appeals is an administrative body which, except under rare circumstances, deals with courtroom proceedings. [16] [^] Since the AAO’s certification jurisdiction is broader than its appeal jurisdiction, some of the case types listed on the AAO Non-Precedent Decisions webpage are not appealable to the AAO but have been included because the AAO has issued decisions upon certification for those case types. On appeal, the respondent contends that because our remand pursuant to 8 C.F.R. (4) Rules of practice. As provided under the case management system, the Board shall promptly enter orders of summary dismissal, or other miscellaneous dispositions, in appropriate cases. (iv) Except for taking administrative notice of commonly known facts such as current events or the contents of official documents, the Board will not engage in factfinding in the course of deciding appeals. before an Immigration Judge commence, when a charging document is filed with the Immigration Court.” 8 C.F.R. Act, Rules, Regulations Consult the act, rules and regulations which provides the IRB with jurisdiction to hear and decide cases on immigration … Cases may only be assigned for review by a three-member panel if the case presents one of these circumstances: (i) The need to settle inconsistencies among the rulings of different immigration judges; (ii) The need to establish a precedent construing the meaning of laws, regulations, or procedures; (iii) The need to review a decision by an immigration judge or DHS that is not in conformity with the law or with applicable precedents; (iv) The need to resolve a case or controversy of major national import; (v) The need to review a clearly erroneous factual determination by an immigration judge; (vi) The need to reverse the decision of an immigration judge or DHS, other than a reversal under § 1003.1(e)(5); or. The Secretary of Homeland Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, may file with the Attorney General decisions relating to the administration of the immigration laws of the United States for publication as precedent in future proceedings, and, upon approval of the Attorney General as to the lawfulness of such decision, the Director of the Executive Office for Immigration Review shall cause such decisions to be published in the same manner as decisions of the Board and the Attorney General. The majority of appeals to the Board involve decisions that EOIR immigration judges made in removal proceedings. The Chairman shall have authority to: (A) Issue operational instructions and policy, including procedural instructions regarding the implementation of new statutory or regulatory authorities; (B) Provide for appropriate training of Board members and staff on the conduct of their powers and duties; (C) Direct the conduct of all employees assigned to the Board to ensure the efficient disposition of all pending cases, including the power, in his discretion, to set priorities or time frames for the resolution of cases; to direct that the adjudication of certain cases be deferred, to regulate the assignment of Board members to cases, and otherwise to manage the docket of matters to be decided by the Board; (D) Evaluate the performance of the Board by making appropriate reports and inspections, and take corrective action where needed; (E) Adjudicate cases as a Board member; and. The Board shall function as an appellate body charged with the review of those administrative adjudications under the Act that the Attorney General may by regulation assign to it. A decision by the Board under paragraph (e)(4), (5), or (6) also carries the presumption that the Board did not need to consider any issue, argument, or claim not raised or presented by the parties on appeal or in a motion to the Board. § 1231(a)(5), which empowers an immigration officer to reinstate a prior removal order, permanently bars reopening of the prior removal order under 8 U.S.C. § 1003.13. 1. (9) The provisions of paragraphs (e)(4)(i) and (e)(5) and (6) of this section are internal agency directives for the purpose of efficient management and disposition of cases pending before the Board and are not intended to create any substantive or procedural rights to a particular form of Board decision. The Board shall have the authority pursuant to § 1003.101 et seq. See Chapter 3.7(a) for more information about persons or entities eligible to file an appeal. However, most BIA decisions can be appealed to a U.S. Court of Appeals. (8) Timeliness. The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by immigration judges and by district directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is an alien, a citizen, or a business firm. The Board and the AAO are separate administrative appellate entities that have jurisdiction over different types of immigration cases. The Homeland Security Act of 2002 dismantled the INS and separated the former agency into three components within the Department of Homeland Security (DHS). § 1003.47(h) was not specifically limited and we did not clearly retain jurisdiction, the Immigration Judge had jurisdiction to consider her application for adjustment of … See the USCIS webpage When to Use Form I-290B, Notice of Appeal or Motion for information about the types of Form I-485 applications that may be appealed. (5) Decisions on petitions filed in accordance with section 204 of the act (except petitions to accord preference classifications under section 203(a)(3) or section 203(a)(6) of the act, or a petition on behalf of a child described in section 101(b)(1)(F) of the act), and decisions on requests for revalidation and decisions revoking the approval of such petitions, in accordance with section 205 of the act, as provided in parts 204 and 205, respectively, of 8 CFR chapter I or parts 1204 and 1205, respectively, of this chapter. § 1229a(c)(7). The Board members shall be attorneys appointed by the Attorney General to act as the Attorney General's delegates in the cases that come before them. (iii) In any case placed on hold under paragraph (d)(6)(ii)(B) of this section, DHS shall report to the Board promptly when the identity, law enforcement, or security investigations or examinations have been completed or updated. (1) In general. (ii) Subject to these governing standards, Board members shall exercise their independent judgment and discretion in considering and determining the cases coming before the Board, and a panel or Board member to whom a case is assigned may take any action consistent with their authorities under the Act and the regulations as is appropriate and necessary for the disposition of the case. (iv) For any case ready for adjudication as of September 25, 2002, and that has not been completed within the established time lines, the Chairman may, as a matter of discretion, grant an extension of up to 120 days. § 2.1. (2) Miscellaneous dispositions. The contact information for the various USCIS offices is available at the Find a USCIS Office webpage. The AAO adjudicates three primary categories of cases: appeals, motions, and certifications. The Board in its discretion may review any such case by certification without regard to the provisions of § 1003.7 if it determines that the parties have already been given a fair opportunity to make representations before the Board regarding the case, including the opportunity request oral argument and to submit a brief. On March 1, 2003, USCIS officially assumed responsibility for the immigration service functions of the federal government, with the AAO as one of its offices. (b) Appellate jurisdiction. See Chapter 6.1 for the AAO’s contact information. The AAO does not announce new interpretations of law or establish agency policy through non-precedent decisions. Such an order approves the result reached in the decision below; it does not necessarily imply approval of all of the reasoning of that decision, but does signify the Board's conclusion that any errors in the decision of the immigration judge or the Service were harmless or nonmaterial. 2 However, 8 U.S.C. (4) Temporary Board members. (ii) In exigent circumstances, the Chairman may grant an extension in particular cases of up to 60 days as a matter of discretion. § 1003.1(b).[17]. There shall also be attached to the Board such number of attorneys and other employees as the Deputy Attorney General, upon recommendation of the Director, shall from time to time direct. Under long-existing Board precedent, the scope of an immigration judge's latitude to consider issues on remand is shaped by the language of the Board's remand order. The decision of the Board shall be final except in those cases reviewed by the Attorney General in accordance with paragraph (h) of this section. The AAO will update this Practice Manual periodically. If the Board member to whom an appeal is assigned determines, upon consideration of the merits, that the decision is not appropriate for affirmance without opinion, the Board member shall issue a brief order affirming, modifying, or remanding the decision under review, unless the Board member designates the case for decision by a three-member panel under paragraph (e)(6) of this section under the standards of the case management plan. The USCIS website lists the AAO’s jurisdiction by both subject matter and form number, and includes the following case types: The AAO also has jurisdiction to review USCIS field office decisions revoking the approval of certain petitions.[12]. In the amended opinion, the panel held that 8 U.S.C. A single Board member assigned under the case management system shall determine the appeal on the merits as provided in paragraph (e)(4) or (e)(5) of this section, unless the Board member determines that the case is appropriate for review and decision by a three-member panel under the standards of paragraph (e)(6) of this section. The Chairman of the Board of Immigration Appeals shall also be known as the Chief Appellate Immigration Judge, and a Vice Chairman of the Board of Immigration Appeals shall also be known as a Deputy Chief Appellate Immigration Judge. In addition, the Board, through precedent decisions, shall provide clear and uniform guidance to the Service, the immigration judges, and the general public on the proper interpretation and administration of the Act and its implementing regulations. The BIA may be affirm the decision of an Immigration Judge. (i) The Board will not engage in de novo review of findings of fact determined by an immigration judge. AAO precedent decisions may announce a new legal interpretation or agency policy, or may reinforce an existing law or policy by demonstrating how it applies to a unique set of facts. Unless a case meets the standards for assignment to a three-member panel under paragraph (e)(6) of this section, all cases shall be assigned to a single Board member for disposition. [9] [^] The Secretary of DHS may delegate any authority or function to administer and enforce the immigration laws to any official, officer, or employee of DHS pursuant to 6 U.S.C. (3) Merits review. (vi) The provisions of this paragraph (e)(8) establishing time limits for the adjudication of appeals reflect an internal management directive in favor of timely dispositions, but do not affect the validity of any decision issued by the Board and do not, and shall not be interpreted to, create any substantive or procedural rights enforceable before any immigration judge or the Board, or in any court of law or equity. 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