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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2510 practice notes
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Asylum Eligibility and Procedural Modifications
...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......
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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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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
...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 ......
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Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims
...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
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Rad v. Attorney Gen. U.S., No. 19-1404
...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......
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In re Keeley, Interim Decision #3907
...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......
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Las Ams. Immigrant Advocacy Ctr. v. Wolf, No. 19-cv-3640 (KBJ)
...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......
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Dulal-Whiteway v. U.S. Department of Homeland Security, Docket No. 05-3098-ag.
...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
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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......
9 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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