5.5 - Certification

An Immigration Judge may ask the Board of Immigration Appeals to review his or her decision.  See 8 C.F.R.  §§ 1003.1(c), 1003.1(c).  This is known as “certifying” the case to the Board.  When a case is certified, an immigration court serves a notice of certification on the parties.  Generally, a briefing schedule is served on the parties following certification.

The certification of a case is separate from any appeal in the case.  Therefore, a party wishing to appeal must file an appeal even if the Immigration Judge has certified the case to the Board.  See 8 C.F.R.  § 1003.3(d).