Organization, jurisdiction, and powers of the Board of Immigration Appeals

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Citation 8 C.F.R. §1003.1
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13 cases
  • In re Castro-Tum
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 17, 2018
    ...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......
  • Bah v. Gonzales, 04-3454.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • September 8, 2006
    ...case in which the Board member concludes that there is no legal or factual basis for reversal of the decision by the Service or the IJ. 8 C.F.R. § 1003.1.1 This provision permits the BIA to issue summary affirmances in immigration appeals meeting certain criteria. Bah suggests that the use ......
  • In re Morales-Morales
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 5, 2023
    ...Neither the statute nor the regulations grant us the authority to extend the time for filing appeals." Id. at 993. We also pointed to 8 C.F.R. 1003.1(c) (2006), which authorizes the Board and certain other executive branch officials to "certify" to the Board any case that could fall within ......
  • Duenas v. Garland
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • July 27, 2023
    ...members also qualify as officers. Their responsibilities are legally defined and continuous. See 8 U.S.C. § 1229a (Immigration Judges); 8 C.F.R. § 1003.1 (members of the BIA). And they wield substantial authority: Immigration Judges conduct adversarial hearings in removal proceedings, see 8......
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4 books & journal articles
  • Shaping Immigration Policy Through Federal Courts
    • United States
    • Full Court Press AILA Law Journal No. 6-1, April 2024
    • Invalid date
    ...in all proceedings involving the same issue or issues" and "are binding on all officers and employees of DHS or immigration judges." 8 C.F.R. § 1003.1(g).3. Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of the Omnibus Appropriations Act of 1996 (H.R. 3610),......
  • Correcting Course on Matter of Lozada Through the Federal Courts and Executive Action
    • United States
    • Full Court Press AILA Law Journal No. 6-1, April 2024
    • Invalid date
    ...under Matter of Lozada" (internal citations omitted)).12. See Matter ofRivera, 21 I&N Dec. 599, 605 (B.I.A. 1996).13. Id.14. Id.15. 8 C.F.R. § 1003.1(g).16. See, e.g., In Re 10242916 (A.A.O. May 18, 2020), https://www.uscis.gov/sites/default/files/err/D17%20-%20Nonimmigrant%20E-2%20Treaty%2......
  • Section 68 Removal Proceedings
    • United States
    • The Missouri Bar Immigration and Naturalization Practice Guidebook Chapter 7 Hearings and Appeals
    • Invalid date
    ...national who wishes to appeal a decision of the IJ must file the appeal with the BIA 30 days after the final order in accordance with 8 C.F.R. § 1003.1(b). Adverse decisions by an IJ denying discretionary relief such as voluntary departure, asylum, or cancellation of removal are reviewable ......
  • Section 68 Removal Proceedings
    • United States
    • The Missouri Bar Administrative Law Deskbook Chapter 23 Immigration and Naturalization Practice
    • Invalid date
    ...national who wishes to appeal a decision of the IJ must file the appeal with the BIA 30 days after the final order in accordance with 8 C.F.R. § 1003.1(b). Adverse decisions by an IJ denying discretionary relief such as voluntary departure, asylum, or cancellation of removal are reviewable ......