See 8 CFR 3.1(e)(4).” An order affirming without opinion, issued under authority of this provision, shall not include further explanation or reasoning. The Board is located within the DOJ’s Executive Office for Immigration Review (EOIR). For more information about the AAO, please visit www.uscis.gov/aao. The Board of Immigration Appeals (“BIA”) is an administrative appellate body that is part of the U.S. Department of Justice. BIA decisions are the final administrative action in a removal proceeding. The Chairman shall establish a case management system to screen all cases and to manage the Board's caseload. (ii) Subject to these governing standards, Board members shall exercise their independent judgment and discretion in considering and determining the cases coming before the Board, and a panel or Board member to whom a case is assigned may take any action consistent with their authorities under the Act and the regulations as is appropriate and necessary for the disposition of the case. A three-member panel or the Board en banc may hear oral argument, as a matter of discretion, at such date and time as is established under the Board's case management plan. Certifications to the Administrative Appeals Office, Chapter 6. There shall also be attached to the Board such number of attorneys and other employees as the Deputy Attorney General, upon recommendation of the Director, shall from time to time direct. (h) Referral of cases to the Attorney General. While the AAO exercises independent, de novo appellate review[3] of USCIS officers’ decisions, the AAO is not independent of its parent agency, USCIS. Continuation of jurisdiction and procedure. (1) Organization. The Board shall consist of 23 members. The majority of appeals to the Board involve decisions that EOIR immigration judges made in removal proceedings. [7] [^] 8 C.F.R. Reg. Circuit Court Appeals It doesn’t make sense in every case to appeal the BIA’s decision, but it must be seriously considered. (ii) Except as provided in paragraph (d)(6)(iv) of this section, if identity, law enforcement, or security investigations or examinations have not been completed or DHS reports that the results of prior investigations or examinations are no longer current under the standards established by DHS, then the Board will determine the best means to facilitate the final disposition of the case, as follows: (A) The Board may issue an order remanding the case to the immigration judge with instructions to allow DHS to complete or update the appropriate identity, law enforcement, or security investigations or examinations pursuant to § 1003.47; or. Adopted AAO decisions are available for review at the Adopted AAO Decisions webpage on the USCIS website. In determining whether to publish a precedent decision, the Board may take into account relevant considerations, in the exercise of discretion, including among other matters: (i) Whether the case involves a substantial issue of first impression; (ii) Whether the case involves a legal, factual, procedural, or discretionary issue that can be expected to arise frequently in immigration cases; (iii) Whether the issuance of a precedent decision is needed because the decision announces a new rule of law, or modifies, clarifies, or distinguishes a rule of law or prior precedent; (iv) Whether the case involves a conflict in decisions by immigration judges, the Board, or the federal courts; (v) Whether there is a need to achieve, maintain, or restore national uniformity of interpretation of issues under the immigration laws or regulations; and. (3) Decisions of Immigration Judges in removal proceedings, as provided in 8 CFR part 1240, except that no appeal shall lie seeking review of the length of a period of voluntary departure granted by an immigration judge under section 240B of the Act or part 240 of this chapter. Immigration and Customs Enforcement determinations that a surety bond has been breached. The body is made up of 15 board members. The Administrative Appeals Office, USCIS Response to Coronavirus 2019 (COVID-19), Chapter 2. (ii) In exigent circumstances, the Chairman may grant an extension in particular cases of up to 60 days as a matter of discretion. By majority vote of the permanent Board members, or as directed by the Attorney General or his designee, selected decisions of the Board issued by a three-member panel or by the Board en banc may be designated to be published and to serve as precedents in all proceedings involving the same issue or issues. The AAO may also reopen or reconsider one of its prior decisions on its own motion. The Board members shall be attorneys appointed by the Attorney General to act as the Attorney General's delegates in the cases that come before them. 2 However, 8 U.S.C. (b) Appellate jurisdiction. [3] [^]  For more information about the AAO’s standard of review, see Chapter 3.4. In 1994, the INS consolidated the AAU and the LAU to create the AAO.[6]. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision.[15]. As provided under the case management system, the Board shall promptly enter orders of summary dismissal, or other miscellaneous dispositions, in appropriate cases. [5] [^]  Powers and Duties of Service Officers; Availability of Service Records, 48 Fed. The Board of Immigration Appeals (BIA) is the highest administrative agency for interpreting and applying immigration laws. When there is an appeal pending before the BIA, it can consider requests for action on the case. [9] [^] The Secretary of DHS may delegate any authority or function to administer and enforce the immigration laws to any official, officer, or employee of DHS pursuant to 6 U.S.C. See the USCIS webpage When to Use Form I-290B, Notice of Appeal or Motion for information about the types of Form I-485 applications that may be appealed. See Chapter 6.1 for the AAO’s contact information. A decision by the Board under paragraph (e)(4), (5), or (6) also carries the presumption that the Board did not need to consider any issue, argument, or claim not raised or presented by the parties on appeal or in a motion to the Board. (B) The factual and legal issues raised on appeal are not so substantial that the case warrants the issuance of a written opinion in the case. All cases shall be referred to the screening panel for review. The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying United States immigration laws. Share sensitive information only on official, secure websites. Temporary Board members shall also be known as temporary Appellate Immigration Judges. A majority of the permanent Board members shall constitute a quorum for purposes of convening the Board en banc. (12) Decisions of Immigration Judges on applications for adjustment of status referred on a Notice of Certification (Form I-290C) to the Immigration Court in accordance with §§ 1245.13(n)(2) and 1245.15(n)(3) of this chapter or remanded to the Immigration Court in accordance with §§ 1245.13(d)(2) and 1245.15(e)(2) of this chapter. (2) Miscellaneous dispositions. § 1003.15(b)(6) (2019), or include a certificate of service indicating the Immigration Court In addition, the Board, through precedent decisions, shall provide clear and uniform guidance to the Service, the immigration judges, and the general public on the proper interpretation and administration of the Act and its implementing regulations. As a result, non-precedent decisions do not provide a basis for applying new or alternative interpretations of law or policy. The Attorney General shall designate one of the Board members to serve as Chairman. Board precedent decisions are binding on immigration judges and DHS employees in cases involving the same issue(s). Most employment-based immigrant and nonimmigrant visa petitions (Forms I-140 and I-129); EB-5 immigrant investor petitions (Form I-526) and Regional Center applications (Form I-924); Temporary Protected Status applications (Form I-821); Applications for a waiver of inadmissibility (Form I-601); Applications for permission to reapply for admission after removal (Form I-212); Certain special immigrant visa petitions (Form I-360, except for Form I-360 widower appeals, which are appealable to the Board); Orphan petitions (Forms I-600/I-600A and I-800/I-800A); T visa applications for victims of human trafficking (Form I-914), U visa petitions for victims of criminal activity (Form I-918), and the related adjustment of status applications (Form I-485); Applications for certificates of citizenship (Form N-600) and applications to replace certificates of naturalization and citizenship (Form N-565); Applications to preserve residence for naturalization purposes (Form N-470); and. Location: 2921 Adeline Street, Berkeley, CA 94705 . [5]   Before 1983, the INS commissioner, four regional commissioners, and three overseas district directors shared responsibility for the adjudication of administrative appeals and the issuance of precedent decisions. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. (3) Designation of precedents. The jurisdiction of, and procedures before, the Board of Immigration Appeals in exclusion, deportation, removal, rescission, asylum-only, and any other proceedings, shall remain in effect as in effect on February 28, 2003, until the regulations in this chapter are further modified by the Attorney General. Publication of Secretary's precedent decisions. [8] [^] For the purposes of this Practice Manual, the AAO uses the term “field office” broadly to include USCIS field offices, international offices, Service Centers, and the National Benefits Center. The AAO will update this Practice Manual periodically. The Chairman, under the supervision of the Director, shall be responsible for the success of the case management system. [6] [^] Implementation of Internal Reorganization of the Immigration and Naturalization Service, 59 Fed. 1. (14) Decisions of immigration judges regarding custody of aliens subject to a final order of removal made pursuant to § 1241.14 of this chapter. [2] [^]  Please mail or fax any comments or suggestions to the AAO with “AAO Practice Manual” in the subject line. (vi) The provisions of this paragraph (e)(8) establishing time limits for the adjudication of appeals reflect an internal management directive in favor of timely dispositions, but do not affect the validity of any decision issued by the Board and do not, and shall not be interpreted to, create any substantive or procedural rights enforceable before any immigration judge or the Board, or in any court of law or equity. The Board shall resolve the questions before it in a manner that is timely, impartial, and consistent with the Act and regulations. Not every type of denied immigration benefit request may be appealed, and some appeals fall under the jurisdiction of the Board of Immigration Appeals (BIA), part of the U.S. Department of Justice. Areas of Legal Assistance: For more information about USCIS, see www.uscis.gov. The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on January 8, 2021). If further factfinding is needed in a particular case, the Board may remand the proceeding to the immigration judge or, as appropriate, to the Service. For simplicity, this Practice Manual refers to all affected parties as “appellants.”. (i) The Board shall not issue a decision affirming or granting to an alien an immigration status, relief or protection from removal, or other immigration benefit, as provided in 8 CFR 1003.47(b), that requires completion of identity, law enforcement, or security investigations or examinations if: (A) Identity, law enforcement, or security investigations or examinations have not been completed during the proceedings; (B) DHS reports to the Board that the results of prior identity, law enforcement, or security investigations or examinations are no longer current under the standards established by DHS and must be updated; or. In addition, the Chairman shall assign any number of Board members, as needed, to serve on the screening panel to implement the case management process as provided in paragraph (e) of this section. USCIS may also “adopt” an AAO non-precedent decision to provide policy guidance to USCIS employees in making determinations on applications and petitions for immigration benefits. (10) Decisions of Immigration Judges relating to Temporary Protected Status as provided in 8 CFR part 1244. (2) Precedent decisions. Facts. Only a person or entity with legal standing in a proceeding (an “affected party”) may file an appeal or motion, or submit a brief in response to a Notice of Certification (Form I-290C). The Board is located within the DOJ’s Executive Office for Immigration Review (EOIR). The BIA has the authority to affirm, reverse, or remand a judge’s decision. (iii) Appeal - (A) Jurisdiction. Immigration Institute of the Bay Area . (c) Jurisdiction by certification. The jurisdiction of, and procedures before, the Board of Immigration Appeals in exclusion, deportation, removal, rescission, asylum-only, and any other proceedings, shall remain in effect as in effect on February 28, 2003, until the regulations in this chapter are further modified by the Attorney General. (ii) The Board may review questions of law, discretion, and judgment and all other issues in appeals from decisions of immigration judges de novo. The BIA is authorized 23 Appellate Immigration Judges, including a Chief Appellate Immigration Judge and one or two Deputy Chief Appellate Immigration Judges. Act, Rules, Regulations Consult the act, rules and regulations which provides the IRB with jurisdiction to hear and decide cases on immigration … §§ 1001-1337. For more information about certifications to the AAO, see Chapter 5. § 1003.14(a). 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