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DOJ/EOIR | RIN: 1125-AA58 | Publication ID: Fall 2018 |
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 Appeals (Board). This final 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, 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 on a panel or by a majority of permanent Board Members. With these tools, the Board can better manage its docket, budget its resources, and balance its competing adjudicatory responsibilities. |
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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 |
EO 13771 Designation: Other | |
CFR Citation: 8 CFR 1003.1 | |
Legal Authority: 5 U.S.C. 301 6 U.S.C. 521 8 U.S.C. 1101 8 U.S.C. 1103 8 U.S.C. 1154 8 U.S.C. 1155 8 U.S.C. 1158 8 U.S.C. 1182 8 U.S.C. 1226 8 U.S.C. 1229 8 U.S.C. 1229(a) 8 U.S.C. 1229(b) 8 U.S.C. 1229(c) 8 U.S.C. 1231 8 U.S.C. 1254(a) 8 U.S.C. 1255 8 U.S.C. 1324(d) 8 U.S.C. 1330 8 U.S.C. 1361 8 U.S.C. 1362 28 U.S.C. 509 28 U.S.C. 510 28 U.S.C. 1746 Reorg Plan No 2 of 1950, sec 2, 3 CFR 1949 to 1953 Comp, p 1002 Pub. L. 105-100, sec 203, 111 Stat 2196-200 Pub. L. 106-386, sec 1506 and 1510, 114 Stat 1527 to 1529, 1531 to 1532 Pub. L. 106-554, sec 1505, 114 Stat 2763A-326 to 2763A-328 ... |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: Lauren Alder Reid Assistant Director, Office of Policy Department of Justice Executive Office for Immigration Review 5107 Leesburg Pike, Suite 1800, Falls Church, VA 22041 Phone:703 305-0289 Email: pao.eoir@usdoj.gov |