8 C.F.R. § 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals
| Cite as | 8 C.F.R. § 1003.1 |
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2579 practice notes
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Executive Office for Immigration Review:
Custody determinations review,
...Secretary of Homeland Security, or in senior DHS officials designated by the Secretary with the concurrence of the Attorney General. See 8 CFR 1003.1(h)(1)(iii); Matter of D-J-, 23 I&N Dec. 572, 573 & n.1 (A.G. More recently, Congress enacted the REAL ID Act of 2005, Pub. L. No. 109......
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Immigration:
Aliens; voluntary departure review,
...that a decision by the Board dismissing an alien's appeal becomes administratively final upon issuance of the Board's decision, see 8 CFR 1003.1(d)(7), 1241.1, and that is the relevant date for purposes of section 242 of the Act (8 U.S.C. 1252). The termination of voluntary departure on acc......
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Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
...deadline for their submission. 3. BIA Remands for Identity, Law Enforcement, or Security Investigations or Examinations The rule revises 8 CFR 1003.1(d)(6)(ii) to provide that, when a case before the BIA requires completing or updating identity, law enforcement, or security investigations o......
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Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
...similar to those used in section 240 removal proceedings and asylum/withholding-only proceedings under 8 CFR 208.2(c), 1208.2(c). See 8 CFR 1003.1(b)(15) (proposed). In addition, the individual would be able to petition for review of the BIA decision with the Federal courts. See infra note ......
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2523 cases
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In re A-B, Interim Decision #3929
...On March 7, 2018, I directed the Board of Immigration Appeals ("Board") to refer for my review its decision in this matter, see 8 C.F.R. § 1003.1(h)(1)(i), and I invited the parties and any interested amici to submit briefs addressing questions relevant to that certification. Matter of A-B-......
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In re Castro-Tum, Interim Decision #3926
...regulation or a previous judicially approved settlement expressly authorizes such an action.(3) Neither 8 C.F.R. § 1003.10(b) nor 8 C.F.R. § 1003.1(d)(1)(ii) confers the authority to grant administrative closure. Grants of general authority to take measures "appropriate and necessary for th......
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Hootkins v. Napolitano, Case No. CV 07-5696-CAS (MANx).
...it is consistent with BIA decisions and long-standing administrative interpretations See 467 U.S. at 842-43, 104 S.Ct. 2778 see also 8 C.F.R. 1003.1(g) ("[e]xcept as Board decisions may be modified or overruled by the Board or the Attorney General, decisions of the Board . . . shall be bind......
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In re Castro-Tum, Interim Decision #3926
...On January 4, 2018, I directed the Board of Immigration Appeals ("Board") to refer for my review its decision in this matter, see 8 C.F.R. § 1003.1(h)(1)(i), and I invited the parties and any interested amici to submit briefs addressing questions relevant to that certification. Matter of Ca......
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2 firm's commentaries
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Using Country Conditions Evidence to Improve Appellate Review of Convention Against Torture Cases
...154. The BIA may take “administrative notice of commonly known facts such as current events or the contents of official documents.” 8 C.F.R. § 1003.1(d)(3)(iv) (2020). Circuit Courts routinely recognize the power of immigration judges to also take administrative notice. See, e.g., Medhin v.......
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The Immigration Star Chamber’s Star-Crossed Stakeholders
...[The Board of Immigration Appeals, unlike the AAO, has issued detailed regulations to govern its proceedings, including a regulation, 8 C.F.R. § 1003.1(d)(3), that eschews fact finding and only considers de novo “questions of law, discretion, and judgment and all other issues in appeals fro......
13 books & journal articles
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Chevron's Liberty Exception
...of Justice emphasized the fact that members of the Board are mere employees “who 142. See Merrill, supra note 113, at 996. 143. 8 C.F.R. § 1003.1(d)(ii) (2008). 144. See Stephen H. Legomsky, Restructuring Immigration Adjudication, 59 DUKE L.J. 1635, 1665 (2010). 145. See In re J-F-F-, 23 I ......
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Telling Truths: How the REAL ID Act's Credibility Provisions Affect Women Asylum Seekers
...("The immigration judge shall . . . receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses."). [80] 8 C.F.R. § 1003.1(b)(3) (2005) (granting the right of appeal of any removal order issued by an immigration judge). [81] The BIA reviews "administrative adju......
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So, What Should I Ask Him to Prove that He's Gay?': How Sincerity, and Not Stereotype, Should Dictate the Outcome of an LGB Asylum Claim in the United States
.... See generally 8 C.F.R. §§ 207–08; Immigration and Nationality Act (INA) § 212, 8 U.S.C. § 1182 (2012). 10 . See infra Part I.B. 11. 8 C.F.R. §§ 1003.1(b), 1003.38(a) (2016). 12 . Board of Immigration Appeals , U.S. DEP’T OF JUST., http://www.justice.gov/eoir/board-of-immigration-appeals (......
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Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
...stability for the hundreds of thousands of undocumented youth in this country.”). 26. Zatz & Rodriguez, supra note 5, at 684. 27. See 8 C.F.R. § 1003.1(h) (2015). 2016] ADVANCING EXECUTIVE BRANCH IMMIGRATION POLICY 847 Security.28As has been recognized: “This certification power, though spa......
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