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

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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
  • The Convention Against Torture and Non-refoulement in U.s. Courts
    • United States
    • Georgetown Immigration Law Journal No. 35-3, April 2021
    • April 1, 2021
    ...IMMIGRATION REVIEW, STATISTICS YEARBOOK FISCAL YEAR 2016 M1 (2016), https://www.justice.gov/eoir/page/f‌ile/fysb16/download. 84. See 8 C.F.R. § 1003.1(b) (2020). 85. See, e.g., 8 U.S.C. § 1252(a)(1) (2018) (f‌inal orders of removal); 8 U.S.C. § 242(a)(2)(B)(ii) (2018) (asylum claims); 8 U.S......
  • Chevron's Liberty Exception
    • United States
    • Iowa Law Review No. 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 ......
  • Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
    • United States
    • Iowa Law Review No. 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......
  • Telling Truths: How the REAL ID Act's Credibility Provisions Affect Women Asylum Seekers
    • United States
    • Iowa Law Review No. 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......
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