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

EOIR Publishes Proposed Rule for Streamlining Appeals Process

Rule Would Speed Decisions in Certain Routine Cases, Allow Board Members

More Time for Opinion Writing and Oral Argument in Significant Cases

The Executive Office for Immigration Review (EOIR) published a proposed rule in the Federal Register today to establish a streamlined appellate review procedure for the Board of Immigration Appeals (Board).

In fiscal year 1984, the Board received fewer than 3,000 cases; in 1994, more than 14,000 cases; and in 1997, more than 25,000 cases. The number could approach 30,000 in 1998. In response to these unprecedented, continual increases in the number of appeals, the proposed rule would establish a streamlined appellate review process for affirming decisions under appeal in certain categories of cases. The rule recognizes that the Board reviews a significant number of cases in which the decision under appeal is correct and will not be changed on appeal. In these cases, a single permanent Board Member will be given authority to review the record and affirm the result below (i.e., the decision or determination under appeal) without issuing an opinion in the case. The opinion below, usually from an Immigration Judge, would stand as the final agency decision.


An affirmance without opinion would be issued only if no legal or factual basis is apparent for reversal of the decision below. If an appellant makes a realistic argument that the underlying decision should be reversed, the case would not be appropriate for affirmance without opinion.

The proposed rule is a major step forward because it would allow the Board to allocate resources more effectively and to adjudicate the growing caseload by concentrating on more significant cases that may require greater deliberation or that may present unusual or interesting legal questions. For example, many cases raise critical issues of law arising from recent anti-terrorism and immigration reform legislation.

The proposed streamlined procedure will also promote fairness by enabling the Board to render decisions in a more timely manner, while allowing it to concentrate its resources primarily on those cases in which the decision under appeal may be incorrect, or in which a new or significant legal or procedural issue is presented. It will aid the Board in accomplishing its dual mission of providing fair and timely adjudications and providing authoritative guidance and uniformity in the interpretation of immigration law. It will also allow the Board Members more time for essential functions such as writing opinions in published cases and hearing oral arguments in selected cases.

In addition, the proposed rule provides that a single Board Member or the Chief Attorney Examiner may adjudicate certain motions or procedural or ministerial appeals.

The proposed rule published in the Federal Register on September 14, 1998, amends Title 8 of the Code of Federal Regulations (8 CFR) by amending sections 3.1 and 3.2. It provides for a 60-day public comment period, during which time comments may be submitted to the EOIR Office of the General Counsel.

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