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DOJ/EOIR

RIN: 1125-AA58

Publication ID: Fall 2009

Title: Board of Immigration Appeals: Affirmance Without Opinion, Referral for Three-Board-Member Review, and Publication of Decisions as Precedents
Abstract: These revisions implement, in part, the Attorney General's August 9, 2006, Memorandum for Immigration Judges and Members of the Board of Immigration Appeal. This interim rule establishes that the Board may issue an affirmance without opinion (AWO) in the exercise of its discretion when it is satisfied that certain regulatory criteria are met. This provision also permits the Board to better manage its docket, budget its resources, and balance its competing adjudicatory responsibilities by allowing the Board to determine what type of decision to issue in a particular case. This regulation clarifies that the Board's decision to issue an AWO, or any other type of decision, depends on the Board's internal judgment regarding its resources and does not create personal rights and is not independently reviewable. In addition, this rule permits three-Board-member review of a small class of particularly complex cases. The rule provides the Board with the discretion to assess its resources, and where it deems appropriate, devote more of its resources to address complex or unusual issues of law or fact by referring a case for review by a three-member panel. Finally, this rule amends the regulations relating to precedent decisions of the Board, by authorizing publication of decisions either by a majority of Board Members in a panel or by a majority of permanent Board Members at the Board. With these tools, the Board can better manage its docket, budget its resources, and balance its competing adjudicatory responsibilities.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 1003.1
Legal Authority: 5 USC 301 6 USC 521 8 USC 1101 8 USC 1103 8 USC 1154 8 USC 1155 8 USC 1158 8 USC 1182 8 USC 1226 8 USC 1229 8 USC 1229a 8 USC 1229b 8 USC 1229c 8 USC 1231 8 USC 1254a 8 USC 1255 8 USC 1324d 8 USC 1330 8 USC 1361 8 USC 1362 28 USC 509 28 USC 510 28 USC 1746 Reorg Plan No 2 of 1950, sec 2, 3 CFR 1949 to 1953 Comp, p 1002 PL 105-100, sec 203, 111 Stat 2196-200 PL 106-386, sec 1506 and 1510, 114 Stat 1527 to 1529, 1531 to 1532 PL 106-554, sec 1505, 114 Stat 2763A-326 to 2763A-328 ...

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/18/2008	73 FR 34654
NPRM Comment Period End	08/18/2008
Final Action	01/00/2010

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Jean King General Counsel Department of Justice Executive Office for Immigration Review 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041 Phone:703 305-0470 Fax:703 305-0443 Email: eoir.regs@usdoj.gov