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Chapter 4 - Appeals of Immigration Judge Decisions

4.10 - Combining and Separating Appeals

(a) Consolidated Appeals

Consolidation of appeals is the administrative joining of separate appeals into a single adjudication for all the parties involved. Consolidation is generally limited to appeals involving immediate family members, although the Board may consolidate other appeals where the cases are sufficiently interrelated.

Most of the consolidated cases before the Board were consolidated by the immigration judge in the proceedings below.  The Board may consolidate appeals at its discretion or upon request of one or both of the parties, when appropriate.  For example, the Board may grant consolidation when spouses or siblings have separate but overlapping circumstances or claims for relief.  Consolidation must be sought through the filing of a written request that states the reasons for requesting consolidation.  Such a request should include a cover page labeled “REQUEST FOR CONSOLIDATION OF APPEALS.”  See Appendix E (Cover Pages).  A copy of the request should be filed for each case included in the request for consolidation.  The request should be filed as soon as possible.

(b) Concurrent Consideration of Appeals

Concurrent consideration is the adjudication of unrelated appeals in tandem for the purposes of consistent adjudication and administrative efficiency.  The Board may concurrently consider unrelated appeals at its discretion or upon request of one or both of the parties.  Concurrent consideration must be sought through the filing of a written request that states the reasons for concurrent consideration.  Such a request should include a cover page labeled “REQUEST FOR CONCURRENT CONSIDERATION OF APPEALS.”  See Appendix E (Cover Pages).  Concurrent consideration differs from consolidated appeals in that, however similar the case or the adjudications, the appeals remain separate and distinct from one another.  Concurrent consideration is appropriate, for example, when unrelated cases involve the same legal issue.

(c) Severance of Appeals

Severance of appeals is the division of a consolidated appeal into separate appeals, relative to each individual involved.  The Board may sever appeals at its discretion or upon request of one or both of the parties.  See Matter of Taerghodsi, 16 I&N Dec. 260 (BIA 1977).  Severance must be sought through the filing of a written request that states the reasons for requesting severance.  Such a request should include a cover page labeled “REQUEST FOR SEVERANCE OF APPEALS.”  See Appendix E (Cover Pages).  Parties are advised, however, that such a request must be clear and filed as soon as possible.