Organization, jurisdiction, and powers of the Board of Immigration Appeals
| Currency | Current through May 31, 2023 |
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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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The Convention Against Torture and Non-refoulement in U.s. Courts
...IMMIGRATION REVIEW, STATISTICS YEARBOOK FISCAL YEAR 2016 M1 (2016), https://www.justice.gov/eoir/page/file/fysb16/download. 84. See 8 C.F.R. § 1003.1(b) (2020). 85. See, e.g., 8 U.S.C. § 1252(a)(1) (2018) (final orders of removal); 8 U.S.C. § 242(a)(2)(B)(ii) (2018) (asylum claims); 8 U.S......
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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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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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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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