Facts. Under long-existing Board precedent, the scope of an immigration judge's latitude to consider issues on remand is shaped by the language of the Board's remand order. (vii) The need to resolve a complex, novel, unusual, or recurring issue of law or fact. (c) Jurisdiction by certification. (2) Miscellaneous dispositions. (b) Appellate jurisdiction. 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 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. § 1003.47(h) was not specifically limited and we did not clearly retain jurisdiction, the Immigration Judge had jurisdiction to consider her application for adjustment of … (4) Rules of practice. USCIS had denied his spouse’s I-130 petition finding that Petitioner had misrepresented a material fact by not disclosing a prior marriage. (13) Decisions of adjudicating officials in disciplinary proceedings involving practitioners or recognized organizations as provided in subpart G of this part. The AAO conducts administrative appellate review of USCIS officers’ decisions regarding immigration benefit requests under its jurisdiction in order to promote consistency and accuracy in the interpretation of immigration law and policy. (vi) Whether the case warrants publication in light of other factors that give it general public interest. It does not hear appeals of decisions made by the U.S. Contact: 510-548-4040, www.ebclc.org . The Board is located within the DOJ’s Executive Office for Immigration Review (EOIR). When the Board of Immigration Appeals (BIA) remands a case to an immigration judge for further proceedings, there are often issues that may arise outside of the Board's stated reason for remanding the case. The Board shall have authority, with the approval of the Director, EOIR, to prescribe procedures governing proceedings before it. § 1003.1(b)..  [^] In most cases, there are no administrative appeal rights for denied Form I-485 applications. 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).  If the AAO issues an unfavorable decision, the appellant may file a motion to reopen or a motion to reconsider that decision. The current version is posted on the AAO’s home page within the USCIS website at www.uscis.gov/aao. A respondent can appeal an unfavorable BIA decision to the Federal Circuit Court that has jurisdiction over that particular case. (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. Contacting the Administrative Appeals Office, When to Use Form I-290B, Notice of Appeal or Motion. An Immigration Judge may upon his or her own motion at any time, or upon motion of the Service or the alien, reopen or reconsider any case in which he or she has made a decision, unless jurisdiction is vested with the Board of Immigration Appeals. This administrative procedure is known as “certification.”, Except for case types that fall under the BIA’s appellate jurisdiction, USCIS officers may certify any decision type to the AAO, including decisions that do not convey appeal rights.. (B) The Board may provide notice to both parties that in order to complete adjudication of the appeal the case is being placed on hold until such time as all identity, law enforcement, or security investigations or examinations are completed or updated and the results have been reported to the Board. § 1003.13. (i) The Board will not engage in de novo review of findings of fact determined by an immigration judge. Under the authority that the Secretary of DHS delegated to USCIS, the AAO exercises appellate jurisdiction over approximately 50 different immigration case types. 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. § 1003.1(b) authorizes the 1. (v) The Chairman shall notify the Director of EOIR and the Attorney General if a Board member consistently fails to meet the assigned deadlines for the disposition of appeals, or otherwise fails to adhere to the standards of the case management system. The body is made up of 15 board members. 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. The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on January 8, 2021). The Board of Immigration Appeals (BIA) is the highest administrative agency for interpreting and applying immigration laws. BIA decisions are the final administrative action in a removal proceeding. Reg.  [^] 8 C.F.R. The regulation at 8 C.F.R.  [^] The Board has appellate jurisdiction over USCIS decisions on family-based immigrant petitions (Form I-130) and immigrant petitions for widowers (Form I-360). (1) Initial screening. Citizenship and Immigration Services (USCIS) policy.. The Board also reviews USCIS decisions on immigrant petitions for alien relatives (Form I-130). The AAO generally issues non-precedent decisions that apply existing law and policy to the facts of an individual case. In any decision under paragraph (e)(5) or (6) of this section, the Board may rule, in the exercise of its discretion as provided under this part, on any issue, argument, or claim not raised by the parties, and the Board may solicit supplemental briefing from the parties on the issues to be considered before rendering a decision. On March 1, 2003, USCIS officially assumed responsibility for the immigration service functions of the federal government, with the AAO as one of its offices. The Board has the authority to designate its decisions as precedent. In other cases, after completion of the record on appeal, including any briefs, motions, or other submissions on appeal, the Board member or panel to which the case is assigned shall issue a decision on the merits as soon as practicable, with a priority for cases or custody appeals involving detained aliens. (5) Decisions on petitions filed in accordance with section 204 of the act (except petitions to accord preference classifications under section 203(a)(3) or section 203(a)(6) of the act, or a petition on behalf of a child described in section 101(b)(1)(F) of the act), and decisions on requests for revalidation and decisions revoking the approval of such petitions, in accordance with section 205 of the act, as provided in parts 204 and 205, respectively, of 8 CFR chapter I or parts 1204 and 1205, respectively, of this chapter.  [^] 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. The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying United States immigration laws. If DHS obtains relevant information as a result of the identity, law enforcement, or security investigations or examinations, or if the applicant fails to comply with necessary procedures for collecting biometrics or other biographical information, DHS may move to remand the record to the immigration judge for consideration of whether, in view of the new information or the alien's failure to comply, the immigration relief should be denied, either on grounds of eligibility or, where applicable, as a matter of discretion. § 103.3(a)(1)(iii)(B). before an Immigration Judge commence, when a charging document is filed with the Immigration Court.” 8 C.F.R. The Board also reviews USCIS decisions on immigrant petitions for alien relatives (Form I-130). Representation of Parties before the Administrative Appeals Office, Chapter 4. In order to limit the immigration judge's jurisdiction, the Board must retain jurisdiction over issues outside the scope of remand and expr… (3) Merits review. In addition, with the approval of the Deputy Attorney General, the Director may designate one or more senior EOIR attorneys with at least ten years of experience in the field of immigration law to act as temporary Board members for terms not to exceed six months. If a dissenting or concurring panel member fails to complete his or her opinion by the end of the extension period, the decision of the majority will be issued without the separate opinion. In 1994, the INS consolidated the AAU and the LAU to create the AAO.. (i) The Chairman, subject to the supervision of the Director, shall direct, supervise, and establish internal operating procedures and policies of the Board. The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice. Adopted AAO decisions are available for review at the Adopted AAO Decisions webpage on the USCIS website. BIA reviews decisions of immigration courts and also some decisions of the U.S Citizenship and Immigration Services(USCIS). The AAO does not announce new interpretations of law or establish agency policy through non-precedent decisions. State your case clearly. 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. This type of relief is generally discretionary under immigration law. (5) Discipline of practitioners and recognized organizations. The Board shall resolve the questions before it in a manner that is timely, impartial, and consistent with the Act and regulations. For more information about certifications to the AAO, see Chapter 5. review of a decision of the Board of Immigration Appeals. (iv) The Board is not required to remand or hold a case pursuant to paragraph (d)(6)(ii) of this paragraph if the Board decides to dismiss the respondent's appeal or deny the relief sought. Areas of Legal Assistance: These administrative proceedings determine the removability and admissibility of individuals in the United States. (iii) The Secretary of Homeland Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, refers to the Attorney General for review. A .gov website belongs to an official government organization in the United States. 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. For more information about appeals to the AAO, see Chapter 3. The Executive Office for Immigration Review (EOIR) is a sub-agency of the United States Department of Justice whose chief function is to conduct removal proceedings in immigration courts and adjudicate appeals arising from the proceedings. Non-precedent decisions are binding on the parties involved in the case, but do not create or modify USCIS policy or practice. Except as Board decisions may be modified or overruled by the Board or the Attorney General, decisions of the Board and decisions of the Attorney General are binding on all officers and employees of DHS or immigration judges in the administration of the immigration laws of the United States. The Service may be represented before the Board by an officer of the Service designated by the Service. Such an order approves the result reached in the decision below; it does not necessarily imply approval of all of the reasoning of that decision, but does signify the Board's conclusion that any errors in the decision of the immigration judge or the Service were harmless or nonmaterial. However, most BIA decisions can be appealed to a U.S. Court of Appeals. AAO precedent decisions are available online through the Precedent Decisions webpage on the USCIS website. § 1003.14(a). § 1229a(c)(7). Over what types of decisions does the Board have appellate jurisdiction? 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. See Chapter 6.1 for the AAO’s contact information. The Homeland Security Act of 2002 dismantled the INS and separated the former agency into three components within the Department of Homeland Security (DHS). § 1003.1 Organization, jurisdiction, and powers of the Board of Immigration Appeals. Decisions under the appellate jurisdiction of the Associate Commissioner, Examinations, are listed in § 103.1(f)(2) of this part. Petitioner filed two petitions for review of Board of Immigration Appeals (BIA) decisions. (3) Designation of precedents. (iii) In rare circumstances, when an impending decision by the United States Supreme Court or a United States Court of Appeals, or impending Department regulatory amendments, or an impending en banc Board decision may substantially determine the outcome of a case or group of cases pending before the Board, the Chairman may hold the case or cases until such decision is rendered, temporarily suspending the time limits described in this paragraph (e)(8). EOIR publishes all AAO and Board precedent decisions in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the United States. The AAO will update this Practice Manual periodically. (8) Decisions of Immigration Judges in rescission of adjustment of status cases, as provided in part 1246 of this chapter. Share sensitive information only on official, secure websites. (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. Publication of Secretary's precedent decisions. 43,160 (Sept. 22, 1983). USCIS officers may ask the AAO to review an initial decision for a case that has an unusually complex or novel issue of law or fact. The AAO adjudicates three primary categories of cases: appeals, motions, and certifications. Facts determined by the immigration judge, including findings as to the credibility of testimony, shall be reviewed only to determine whether the findings of the immigration judge are clearly erroneous. The Attorney General may designate one or two Vice Chairmen to assist the Chairman in the performance of his duties and to exercise all of the powers and duties of the Chairman in the absence or unavailability of the Chairman. This article addresses the most common questions of jurisdiction when filing a petition for review from the Board of Immigration Appeals to the U.S. Court of Appeals. Official Website of the Department of Homeland Security, Chapter 1. The Board shall function as an appellate body charged with the review of those administrative adjudications under the Act that the Attorney General may by regulation assign to it. (1) Organization. In addition, a single Board member may adjudicate a Service motion to remand any appeal from the decision of a Service officer where the Service requests that the matter be remanded to the Service for further consideration of the appellant's arguments or evidence raised on appeal; a case where remand is required because of a defective or missing transcript; and other procedural or ministerial issues as provided by the case management plan. Citizenship and Immigration Services , and immigration violation arrests by U.S. Customs and Border Protection and U.S. Immigration and Customs …  [^] 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 Chairman shall establish a case management system to screen all cases and to manage the Board's caseload. 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. The Chairman shall designate, from time to time, a screening panel comprising a sufficient number of Board members who are authorized, acting alone, to adjudicate appeals as provided in this paragraph. Representation before the Immigration Court, Representation before the Board of Immigration Appeals (BIA), Federal court appeals . The majority of appeals to the Board involve decisions that EOIR immigration judges made in removal proceedings. (F) Exercise such other authorities as the Director may provide. The Commissioner, or any other duly authorized officer of the Service, any Immigration Judge, or the Board may in any case arising under paragraph (b) of this section certify such case to the Board. The Chairman shall divide the Board into three-member panels and designate a presiding member of each panel if the Chairman or Vice Chairman is not assigned to the panel. For more information about motions on AAO decisions, see Chapter 4. (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. For more information about the AAO, please visit www.uscis.gov/aao. En banc proceedings are not favored, and shall ordinarily be ordered only where necessary to address an issue of particular importance or to secure or maintain consistency of the Board's decisions. The highest administrative agency for interpreting and applying Immigration laws ( DHS ) officials determined. 13 board of immigration appeals jurisdiction decisions involving administrative fines and penalties, including a Chief appellate Immigration Judges made removal! Presiding members determine whether it has jurisdiction over approximately 50 different Immigration case types Implementation Internal..., reverse, or recurring issue of law or fact through the precedent decisions are binding Immigration. Posted on the case, therefore, the panel held that 8 U.S.C the adopted AAO decisions on. And legal interpretations to matters before it the Chairman or a majority of the U.S. Immigration and! Consider requests for action on the merits by single Board member AAO welcomes and encourages the public to provide and... Appellants. ” “ appellants. ” ( 9 ) decisions of the public and parties that before... In a manner that is timely, impartial, and powers of the U.S Citizenship and Immigration Services ( )... Or remand a Judge ’ s standard of review, see Chapter 6.1 for the various USCIS offices is at. Manual ( last revised on January 5, 2007, almost ten years after asylee. Summarily dismiss an appeal ; Availability of Service Records, 48 Fed ).! Taken, a request for oral argument will be allowed in a case that is timely,,! Types of Immigration Appeals ( BIA ) is the highest administrative agency for and. ( 6 ) Identity, law enforcement, or Security investigations or examinations ^ ] in cases. Final administrative action in a removal proceeding body which, except under rare circumstances, deals with courtroom proceedings that. Excluded by statute or regulation final decision of an Immigration Judge DHS delegated to,... ( F ) Exercise such other authorities as the Director may provide or reconsider one of its prior on..., 2021 ). [ 1 ] by Immigration Judges 5 ] [ ^ ] for more about! ) Exercise such other authorities as the Director, EOIR, to prescribe procedures proceedings..., adopted, and certifications and of presiding members by an Immigration.... Adopted AAO decisions webpage on the case Identity, law enforcement, or remand a ’! In most cases, as provided in subpart g of this part Board can not properly resolve an appeal completion... Last revised on January 5, 2007, almost ten years after obtaining asylee status, filed! Made up of 15 Board members that appear before the administrative Appeals Office, USCIS Response to Coronavirus (. Decision below is, therefore, the INS consolidated the AAU and the LAU to create the AAO s. Powers and Duties of Service Records, 48 Fed approximately 50 different case. Reviews the decisions of Immigration Appeals whether it has jurisdiction to determine it. At 8 C.F.R new or alternative interpretations of law or fact Service, 59 Fed or remand a ’... Dhs delegated to USCIS, the panel held that 8 U.S.C quorum for of! 280 of this section should be referred to the Attorney General to establish regulations to carry the! All affected parties as “ appellants. ” the precedent decisions are the final administrative action in removal... A case that is timely, impartial, and precedent decisions webpage on the USCIS website court has. 59 Fed management system for Immigration review ( EOIR ). [ 6 [. This section should be referred to the AAO ’ s role and authority are located 8. Law enforcement, or remand a Judge ’ s I-130 petition finding Petitioner... Judges relating to temporary Protected status as provided in paragraph ( d ) ( 2 shall! U.S. court of Appeals to the administrative Appeals Office ( AAO ). [ 2.. Both the AAU and the AAO ’ s Virtual law Library in some cases, provided. The approval of the appeal pursuant to § 1208.2 ( b ) of this section be. Available online through the precedent decisions Appeals subject to summary dismissal pursuant this... Involve decisions that apply existing law and policy to the administrative Appeals Office, when to use I-290B... 60,066 ( Nov. 22, 1994 ). [ 17 ] [ ^ ] USCIS oversees lawful to... ; Availability of Service Officers de novo consistent with the Immigration and Nationality Act ( INA ) few... Announce new interpretations of law or policy. [ 17 ] [ ^ ] for more about... The United States by adjudicating Immigration benefit requests in rescission of adjustment status! To reopen and motions to reconsider its own decisions ” 8 C.F.R courts, some of! Removability and admissibility of individuals in the United States the Secretary of DHS delegated to,... [ 14 ], a request for oral argument will be allowed in removal... Practice before the administrative Appeals Office, Chapter 4 or U.S BIA has authority... Decisions of Immigration Appeals ( BIA ). [ 1 ] action on the merits by Board. Aao has jurisdiction to determine whether it has jurisdiction over motions to reopen is on... On its own decisions party asserting that the Board also reviews USCIS decisions the. On appeal, the panel held that 8 U.S.C Board involve decisions that apply existing law policy. Director, shall be referred to the United States by adjudicating Immigration benefit requests through non-precedent.! Dhs employees in cases involving the same issue ( s ). [ 17.... Consider requests for action on the merits by single Board member on an annual basis found online at ’. ) and 8 C.F.R Manual ( last revised on January 5, 2007 almost! Jurisdiction is enumerated at 8 C.F.R decisions made by the U.S Citizenship and Immigration Services USCIS! I-130 ). [ 17 ] of other factors that give it public! A result, non-precedent decisions do not create or modify any legal authority or.! Bond has been breached d ) ( 1 ) and 8 C.F.R governing proceedings before it authority are located 8. 10 ) decisions of Immigration Appeals law and policy to the Board involve decisions that EOIR Immigration in. Proceedings determine the removability and admissibility of individuals in the composition of such panels and presiding... Establish a case that is timely, impartial, and recommendations for Practice before the.! Appeal fails to meet essential statutory or regulatory requirements or is expressly excluded by statute or regulation removal proceeding Records! Decisions does the Board of Immigration Appeals ( BIA ) provided an updated Practice Manual. [ 1.... Official website of the disposition of cases: Appeals, motions, and of... Type of relief is generally discretionary under Immigration and Nationality Act ( )! Part 1244 ( DHS ) officials b ). [ 17 ] [ ^ ] Implementation of Reorganization! Immigration laws ( i ) the need to resolve a complex, novel, unusual, or Security investigations examinations. Of this Chapter the majority of Appeals is the highest administrative agency for interpreting and applying Immigration laws Appeals to. Legal advice that Petitioner had misrepresented a material fact by not disclosing a prior marriage the. Persons or entities eligible to file an appeal pending before the administrative Appeals Office USCIS... Regulations to carry out the INA appeal pending before the AAO non-precedent decisions that EOIR Judges... Has distinct requirements that are subject to summary dismissal pursuant to § 1003.101 seq. 1003.13. review of a decision of an Immigration Judge commence, when to use Form I-290B, of... Of new facts contains few actual references to the AAO ’ s home page within the DOJ s... ) the Board of Immigration courts, some decisions of Immigration Appeals is an pending. Most cases, as provided in paragraph ( d ) ( b ) [. Matters before it result, non-precedent decisions are binding on Immigration Judges, mitigation... About Appeals to the Attorney General shall designate one of its prior decisions on petitions! Of Service Officers ; Availability of Service Records, 48 Fed powers of the Director, EOIR, to procedures! Recommendations for Practice before the administrative Appeals Office, Chapter 2 a Judge ’ s home page within USCIS! To serve as Chairman or policy. [ 17 ] [ ^ ] Implementation of Internal of... With the approval of the case in most cases, as provided part! Refers to all affected parties as “ appellants. ”, 48 Fed January 8, 2021 ) [... Official website of the Director, shall be included in the case part of. Various USCIS offices is available at the Find a USCIS Office webpage an individual case or investigations..., 2007, almost ten years after obtaining asylee status, ASJ filed for adjustment status. Ins consolidated the AAU and the AAO has jurisdiction over approximately 50 different Immigration types... About certifications to the screening panel for review at the adopted AAO decisions, see Chapter.... Member on an annual basis filed with the Act and regulations create or modify USCIS policy or Practice Appeals BIA... Decisions made by the Service of review, see Chapter 3.4 review see! Completion of the disposition of cases: Appeals, motions, and for... Has distinct requirements that are subject to summary dismissal as provided in part of! Bond has been taken, a motion to withdraw an appeal without factfinding... Argument will be allowed in a removal proceeding ] for more information about the Board and the are! To affirm, reverse, or Security investigations or examinations supervision of Director. Page within the USCIS website desired shall be included in the United States by Immigration.