U.S. Department of Justice

Executive Office for Immigration Review

Office of the Director

5107 Leesburg Pike, Suite 2400

Falls Church, Virginia 22041

NEWS RELEASE Contact: Public Affairs

(703)305-0289, Fax: (703) 605-0365

Internet: www/usdoj.gov/eoir

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September 28, 1998

BOARD OF IMMIGRATION APPEALS EXPANDS TO 18 MEMBERS

The Attorney General signed a rule published in the Federal Register today expanding the Board of Immigration Appeals (BIA or the Board) from 15 to 18 permanent members, including 16 Board Members, a Chairman, and a Vice Chairman. While this rule authorizes three additional Board Members, the Executive Office for Immigration Review (EOIR) does not anticipate filling all of the positions at this time.

The expansion is necessary to keep pace with an ever-increasing case load. Additionally, this expansion will further enhance the effective, efficient adjudication of cases while providing for en banc review in appropriate cases. The last expansion of the Board occurred in November 1996, when the Board expanded from 12 to 15 members. The Board was established in August 1940 and at that time consisted of a Chairman and four Board Members.

A component of the Executive Office for Immigration Review (EOIR), the Board of Immigration Appeals is the highest administrative body for interpreting and applying immigration laws. Its Board Members, including the Chairman and Vice Chairman, are appointed to permanent terms through a competitive hiring process. The Board is assisted by a staff of senior panel attorneys and a Chief Attorney Examiner, who also serves as an alternate Board Member. The Board is located at EOIR headquarters in Falls Church, Virginia, where nearly all appellate reviews take place, including oral arguments. Oral arguments were heard for the first time in Los Angeles, California, in April 1998.

The Board has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by District Directors of the Immigration and Naturalization Service (INS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is either an alien, a citizen, or a business firm. In addition, the Board is responsible for the recognition of organizations and the accreditation of their representatives who request permission to practice before the Board, the Immigration Courts, and the INS.

Generally, appellate cases are assigned to panels of three Board Members who review the facts and legal issues in each case without holding hearings. In certain cases, however, the panel may choose to hear oral arguments presented by both parties to clarify salient points of law as it may apply in interesting or unusual circumstances. The Board may also consider or reconsider any case en banc either by majority vote of the Members or by direction of the Chairman.

Decisions of the Board are binding on all INS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court. Its decisions are subject to judicial review in the Federal courts. The majority of appeals reaching the Board involve orders of removal and applications for relief from removal. Other cases before the Board may include determinations of eligibility for certain visas, impositions of fines on carriers for violations of immigration law, and motions to reopen or reconsider decisions previously rendered. BIA decisions designated for publication are printed in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the United States.

EOIR is the component of the U.S. Department of Justice that is responsible for developing policies and directing activities related to the conduct of administrative hearings and appellate reviews on a variety of immigration issues, including the determination of individuals' immigration status in the United States. EOIR is headed by a Director who reports to the Deputy Attorney General. Its organization includes the Board of Immigration Appeals and the Offices of the Chief Immigration Judge and the Chief Administrative Hearing Officer. EOIR is completely independent of both the Immigration and Naturalization Service, the organization charged with the enforcement of the immigration laws, and the Office of Special Counsel for Immigration Related Unfair Employment Practices, the entity charged with the enforcement of the anti-discrimination provisions of the Immigration Reform and Control Act of 1986.

The final rule is effective immediately and amends 8 C.F.R. part 3, and 28 C.F.R. part 0 to reflect the new 18-Member Board.

- EOIR -