8 C.F.R. § 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals

Cite as8 C.F.R. § 1003.1
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
2231 practice notes
  • 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......
  • Executive Office for Immigration Review; Fee Review
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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......
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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......
  • Procedures for Asylum and Bars to Asylum Eligibility
    • United States
    • Executive Office For Immigration Review,U.s. Citizenship And Immigration Services
    • Invalid date
    ...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 ......
  • Request a trial to view additional results
2192 cases
  • 463 F.Supp.3d 632 (D.Md. 2020), Civ. 20-1110, Dubon Miranda v. Barr
    • United States
    • Federal Cases United States District Courts 4th Circuit United States District Court (Maryland)
    • May 29, 2020
    ...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......
  • 965 F.3d 883 (D.C. Cir. 2020), 19-5013, Grace v. Barr
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • July 17, 2020
    ...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 ......
  • 281 F.Supp.2d 902 (S.D.Tex. 2003), Civ. B-02-214, Pequeno-Martinez v. Trominski
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Courts. 5th Circuit. Southern District of Texas
    • September 8, 2003
    ...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......
  • Centro Legal de la Raza v. Executive Office For Immigration Review, 031021 CANDC, 21-cv-00463-SI
    • United States
    • Federal Cases United States District Courts 9th Circuit United States District Courts. 9th Circuit. Northern District of California
    • March 10, 2021
    ...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......
  • Request a trial to view additional results
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......
9 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 ......
  • 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
    ...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......
  • Continuing Persecution: An Argument for Doctrinal Codification in Light of In re A-T- and Brand X
    • United States
    • Iowa Law Review Nbr. 94-1, November 2008
    • November 1, 2008
    ...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......
  • 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
    ...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 ......
  • Request a trial to view additional results
60 provisions
  • Executive Office for Immigration Review; Fee Review
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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......
  • Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims
    • United States
    • Federal Register November 09, 2018
    • November 9, 2018
    ...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.'......
  • Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
    • United States
    • Executive Office For Immigration Review,Homeland Security Department
    • Invalid date
    ...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 ......
  • 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......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT