8 C.F.R. § 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals

Cite as8 C.F.R. § 1003.1
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2510 practice notes
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...processes). The Board of Immigration Appeals (Board), also within DOJ, hears appeals from certain decisions by immigration judges. 8 CFR 1003.1(b)-(d). Asylum-seekers may appeal certain Board decisions to the Article III courts of the United States. See INA 242(a), 8 U.S.C. The HSA also pro......
  • Immigration: Aliens; voluntary departure review,
    • United States
    • Federal Register November 30, 2007
    • November 30, 2007
    ...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......
  • Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
    • United States
    • Executive Office For Immigration Review,Homeland Security Department
    • Invalid date
    ...section 240 proceedings. --------------------------------------------------------------------------- Accordingly, DOJ proposes to amend 8 CFR 1003.1, 8 CFR 1003.42(f), 8 CFR 1208.2, 8 CFR 1208.30, and 8 CFR 1235.6--and DHS proposes to amend 8 CFR 208.2(c), 8 CFR 208.30(e)(5) and (f), and 8 ......
  • Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims
    • United States
    • Federal Register November 09, 2018
    • November 9, 2018
    ...The Board of Immigration Appeals (``BIA'' or ``Board''), also within DOJ, in turn hears appeals from immigration judges' decisions. 8 CFR 1003.1. In addition, the INA provides ``that determination and ruling by the Attorney General with respect to all questions of law shall be controlling.'......
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2447 cases
  • Rad v. Attorney Gen. U.S., No. 19-1404
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 21, 2020
    ...Rad's second, timely-filed petition for review.3 II. Jurisdiction and Standard of Review The Board exercised jurisdiction under 8 C.F.R. § 1003.1(b)(3). We retain jurisdiction to consider "whether [Rad]’s conviction qualifies as an aggravated felony because it is a ‘purely legal question, a......
  • In re Keeley, Interim Decision #3907
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • October 20, 2017
    ...is for an aggravated felony rape offense under section 101(a)(43)(A) of the Act is a question of law that we review de novo. 8 C.F.R. § 1003.1(d)(3)(ii) (2017).III. ANALYSIS Our inquiry is governed by the categorical approach set forth in Taylor v. United States, 495 U.S. 575 (1990), and it......
  • Las Ams. Immigrant Advocacy Ctr. v. Wolf, No. 19-cv-3640 (KBJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • November 30, 2020
    ...witnesses and present evidence, id. § 1229a(b)(4)(B); to appeal an adverse decision to the Board of Immigration Appeals, see 8 C.F.R. §§ 1003.1(b)(3), 1240.15 ; and to seek judicial review, see 8 U.S.C. § 1252(a)(1). Under the expedited removal pathway—which applies to certain limited categ......
  • Dulal-Whiteway v. U.S. Department of Homeland Security, Docket No. 05-3098-ag.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • September 19, 2007
    ...we must dismiss the petition for lack of jurisdiction. See id. at 156. "Where, as here, the BIA summarily affirms the IJ pursuant to 8 C.F.R. § 1003.1(e)(4)(I), we review the IJ's decision directly." Dos Santos v. Gonzales, 440 F.3d 81, 83 (2d Cir.2006). Though we ordinarily grant deference......
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2 firm's commentaries
  • Using Country Conditions Evidence to Improve Appellate Review of Convention Against Torture Cases
    • United States
    • JD Supra United States
    • April 14, 2021
    ...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.......
  • The Immigration Star Chamber’s Star-Crossed Stakeholders
    • United States
    • LexBlog United States
    • October 24, 2010
    ...[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......
9 books & journal articles
  • Chevron's Liberty Exception
    • United States
    • Iowa Law Review Nbr. 104-2, January 2019
    • January 1, 2019
    ...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 ......
  • Telling Truths: How the REAL ID Act's Credibility Provisions Affect Women Asylum Seekers
    • United States
    • Iowa Law Review Nbr. 92-2, February 2007
    • February 1, 2007
    ...("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......
  • 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
    • United States
    • Iowa Law Review Nbr. 102-5, July 2017
    • July 1, 2017
    .... 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 (......
  • Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
    • United States
    • Iowa Law Review Nbr. 101-3, March 2016
    • March 1, 2016
    ...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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