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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2579 practice notes
  • Executive Office for Immigration Review: Custody determinations review,
    • United States
    • Federal Register October 02, 2006
    • October 2, 2006
    ...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......
  • 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......
  • Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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......
  • Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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
  • In re A-B, Interim Decision #3929
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • June 11, 2018
    ...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-......
  • In re Castro-Tum, Interim Decision #3926
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 17, 2018
    ...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......
  • Hootkins v. Napolitano, Case No. CV 07-5696-CAS (MANx).
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • April 28, 2009
    ...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......
  • In re Castro-Tum, Interim Decision #3926
    • 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......
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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......
13 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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