1.3 - Composition of the Board

(a) General

The Board of Immigration Appeals (Board) consists of 15 Appellate Immigration Judges (AIJ), also known as Board Members, including a Chief Appellate Immigration Judge and up to two Deputy Chief Appellate Immigration Judges.  Under the direction of the Chief Appellate Immigration Judge, the Board uses a case management system to screen all cases and manage its caseload.  8 C.F.R. § 1003.1(e).  Under this system, the Board adjudicates cases in one of three ways:

  (1) Individual - The majority of cases at the Board are adjudicated by a single AIJ.  In general, a single AIJ decides the case unless the case falls into one of seven categories that require a decision by a panel of three AIJs.  8 C.F.R. § 1003.1(e)(6).  These categories are: 

     (A) the need to settle inconsistencies among the rulings of different Immigration Judges;

     (B) the need to establish a precedent construing the meaning of laws, regulations, or procedures;

     (C) the need to review a decision by an Immigration Judge or DHS that is not in conformity with the law or with applicable precedents;

     (D) the need to resolve a case or controversy of major national import;

     (E) the need to review a clearly erroneous factual determination by an Immigration Judge;

     (F) the need to reverse the decision of an Immigration Judge or DHS in a final order, other than nondiscretionary dispositions; and 

    (G) the need to resolve a complex, novel, unusual, or recurring issue of law or fact.

  (2) Panel - Cases not suitable for consideration by a single AIJ are adjudicated by a panel consisting of three AIJs.  The panel of three AIJs renders decisions by majority vote.  Cases are assigned to specific panels pursuant to the Chief Appellate Immigration Judge’s administrative plan.  The Chief Appellate Immigration Judge may change the composition of the sitting panels and may reassign AIJs from time to time.

 (3) En Banc - The Board may, by majority vote or by direction of the Chief Appellate Immigration Judge, assign a case or group of cases for full en banc consideration.  8 C.F.R. § 1003.1(a)(5).  By regulation, en banc proceedings are not favored.

(b) Chief Appellate Immigration Judge and Deputy Chief Appellate Immigration Judge

The Chief Appellate Immigration Judge directs, supervises, and establishes internal operating procedures and policies for the Board.  The Chief Appellate Immigration Judge is assisted in the performance of his or her duties by one or two Deputy Chief Appellate Immigration Judge(s).  

(c) Appellate Immigration Judges

AIJs, including the Chief Appellate Immigration Judge and the Deputy Chief Appellate Immigration Judge adjudicate cases coming before the Board.  8 C.F.R. § 1003.1(a)(2)(i)(E).  AIJs may recuse themselves under any circumstances considered sufficient to require such action.  A vacancy, absence, or unavailability of an AIJ does not impair the right of the remaining members to exercise all the powers of the Board.  When circumstances so warrant, Immigration Judges, retired AIJs, retired Immigration Judges, Administrative Law Judges, and senior Executive Office for Immigration Review attorneys with at least ten years of experience in the field of immigration law may be designated as Temporary Appellate Immigration Judges, also known as Temporary Board Members.  8 C.F.R. § 1003.1(a)(4).  Parties appearing before the Board may not request a specific AIJ or a specific panel to adjudicate their case.  The Board also does not entertain inquiries regarding the identity of the panel or AIJs assigned to a pending case.

(d) Legal Staff

The Board employs a legal staff assigned to support designated panels, AIJs, and functions.  See generally 8 C.F.R. § 1003.1(a)(6).

(e) Clerk’s Office

The Office of the Clerk is responsible for managing appellate records and information for the Board.  The Clerk’s Office is headed by the Chief Clerk of the Board.  Cases in which an alien is not detained are processed by two regional teams (East and West), depending on the location of the immigration court.  Cases involving detained aliens are processed by the Priority Case Management team.  The Docket team processes adjudicated cases and serves decisions on parties.  Various other teams provide management and administrative support to all operations.