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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2231 practice notes
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Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
...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......
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Executive Office for Immigration Review; Fee Review
...a decision is issued by one Board member or a three-member panel, so the processing costs of those steps would be largely unaltered. See 8 CFR 1003.1(e). Moreover, although the number of appeals has increased significantly in the past three years, and is expected to continue increasing, the......
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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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Procedures for Asylum and Bars to Asylum Eligibility
...processes). The Board of Immigration Appeals within the Department of Justice, in turn, hears appeals from immigration judges' decisions. 8 CFR 1003.1. In addition, the HSA amended the INA to mandate ``[t]hat determination and ruling by the Attorney General with respect to all questions of ......
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2192 cases
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463 F.Supp.3d 632 (D.Md. 2020), Civ. 20-1110, Dubon Miranda v. Barr
...with the BIA "[a]n appeal relating to bond and custody determinations." See 8 C.F.R. § 1236.1(d)(3); see also 8 C.F.R. § 1003.1(b)(7). But administrative exhaustion is required only for challenges to final orders of removal. See Jarpa v. Mumford, 211 F.Sup......
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965 F.3d 883 (D.C. Cir. 2020), 19-5013, Grace v. Barr
...U.S.C. § 1229a, from which both the government and the alien may appeal to the Board of Immigration Appeals (BIA), see 8 C.F.R. § 1003.1(b). The Attorney General, in his discretion, may also certify a decision for his review. See id. § 1003.1(h). After an alien ......
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281 F.Supp.2d 902 (S.D.Tex. 2003), Civ. B-02-214, Pequeno-Martinez v. Trominski
...8 U.S.C. § 1229b(a)(3). Reyna-Montoya appealed, and in July 2002, the BIA affirmed the immigration judge's order without opinion per 8 C.F.R. § 1003.1(a)(7) (2003) (permitting affirmance without opinion by a single member of the Board where "the issue on appeal is squarely controlled b......
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Centro Legal de la Raza v. Executive Office For Immigration Review, 031021 CANDC, 21-cv-00463-SI
...See Meza Morales, 973 F.3d at 656; Romero, 937 F.3d at 292 (concluding “that the plain language of 8 C.F.R. §§ 1003.10(b) and 1003.1(d)(1)(ii) unambiguously confers upon IJs and the BIA the general authority to administratively close cases”). The Sixth Circuit reach......
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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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Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
...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 sparingly......
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Continuing Persecution: An Argument for Doctrinal Codification in Light of In re A-T- and Brand X
...C. King, Precedent Decisions of the Board of Immigration Appeals in Fiscal Year 2007, 84 Interpreter Releases 2461, 2461 (2007). [12] 8 C.F.R. § 1003.1(g) (2006). [13] See infra Part IV.A. [14] See infra Parts III.B, V.A (discussing the "slippery slope"-type fears raised in extend......
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Telling Truths: How the REAL ID Act's Credibility Provisions Affect Women Asylum Seekers
...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 ......
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60 provisions
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Executive Office for Immigration Review; Fee Review
...a decision is issued by one Board member or a three-member panel, so the processing costs of those steps would be largely unaltered. See 8 CFR 1003.1(e). Moreover, although the number of appeals has increased significantly in the past three years, and is expected to continue increasing, the......
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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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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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Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
...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......
Request a trial to view additional results