This final rule establishes a streamlined appellate review procedure for the Board of Immigration Appeals. The final rule responds to an enormous and unprecedented increase in the caseload of the Board. The rule recognizes that in a significant number of appeals and motions filed with the Board, a single appellate adjudicator can reliably determine that the result reached by the adjudicator below is correct and should not be changed on appeal. In these cases, the rule authorizes a single permanent Board Member to review the record and affirm the result reached below without issuing an opinion. This procedure will enable the Board to render decisions in a more timely manner, while concentrating its resources primarily on cases where there is a reasonable possibility that the result below was incorrect, or where a new or significant issue is presented. In addition, the rule provides that a single Board Member may decide certain additional types of cases, motions, or other procedural or ministerial appeals, where the result is clearly dictated by statute, regulation, or precedential decision.
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This page is a structured index entry, not a substitute for reading the rule. This is not legal advice.