Other Fields
Agency Scheme: 
DOJXEOIR0003
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Board of Immigration Appeals
Appeal Office (global name): 
Department of Justice: Board of Immigration Appeals
Sub-Agency/Bureau/Division:: 
Executive Office for Immigration Review
Appeal Officer #1 (Title): 
Board Member
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Appeals are generally document-only and are conducted via a briefing schedule in which briefs from each party must be filed by certain deadlines. However, the Board occasionally grants oral argument at the request of one of the parties, and parties are to present their cases orally to a panel of three or more Board Members in a courtroom setting. (BIA Practice Manual Chapter 8; 8 CFR 1003.1(e)(7)) Cases are selected for oral argument because they meet one or more of a number of criteria, including but not limited to: (i) the resolution of an issue of first impression; (ii) alteration, modification, or clarification of an existing rule of law; (iii) reaffirmation of an existing rule of law; (iv) the resolution of a conflict of authority; and (v) discussion of an issue of significant public interest. (BIA Practice Manual Section 8.2(d))
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for appeal hearings (please include CFR citations): 
8 CFR 1003.106(c); 8 CFR 1003.38
Other published guidance for appeal hearings (if any): 
BIA Practice Manual, Section 11.7(d); BIA Practice Manual Chapter 4
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected for appeals heard by this office?: 
By Agency
How many appeal officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
The majority of cases at the Board are adjudicated by a single Board Member. Six categories of cases require a decision by a panel of three Board Members: settling inconsistencies among the rulings of different IJs; establishing a precedent construing the meaning of laws, regulations, or procedures; reviewing a decision by an IJ or DHS official that is not in conformity with the law or with applicable precedents; resolving a case or controversy of major national import; reviewing a clearly erroneous factual determination by an IJ; the need to reverse the decision of an IJ or DHS official in a final order, other than nondiscretionary dispositions. Panel decisions are rendered by majority vote. The Board may, by majority vote or by direction of the Chairman, assign a case or group of cases for full en banc consideration. 8 C.F.R. ยง 1003.1(a)(5). By regulation, en banc proceedings are not favored.
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
In-person hearings are presumed open, but may be closed under certain conditions. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
BIA Practice Manual Section 4.2(h)
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
Verified by Agency: 
Not verified