We just received a final response to our FOIA request for any memoranda or guidance directed to Board of Immigration Appeals (BIA) members—and we were surprised by how much was disclosed. Among the newly released documents: BIA Style Manual (Redlined, Redacted) – 242...
This morning we won an Eighth Circuit appeal on the question of whether federal courts can review the process of "administrative closure." Our client had sought "administrative closure" because he fit the profile President Obama had described as a hard-working...
The Board has announced that because of the shutdown and the BIA's zip code change, which happened at the same time, it will consider all filings received by the Board before November 1, 2013 to be timely filed. So, if you had something due during the shutdown that...
Given that the government has now shut down, at least for the present time, it is not immediately clear what will happen to the cases pending immigration court. Most of the immigration courts have closed, except for those handling emergency or detained cases....
Writing a BIA brief for an immigration appeal and don't know where to start? One helpful resource is the BIA's "precedent table," which is updated fairly regularly and organized by topic. It is not error-free, and it is no substitute for real legal research. But it's...
So the problems with the BIA's new zip code have begun. The first package we sent to the BIA, received on October 2nd, with the new zip code on the package, was delivered just fine. But a package I sent yesterday, on October 3rd, using FedEx Priority Overnight, hasn't...
So your BIA Brief is submitted. Now what? You could just wait for an answer from the Board, but is that all? No. One way to make sure the Board has a complete record when it finally makes a decision is to continue to monitor the law and the facts of your case and to...
If you need an emergency ruling on a stay of removal from the Board of Immigration Appeals (BIA), there is a direct phone line you can call during business hours to request expedited action. This hotline exists for situations in which removal is imminent and a stay...
If an Immigration Judge enters an order of removal, and if the noncitizen does not waive the right to appeal, that order can usually be appealed to the BIA. But the appeal must be received by the BIA in 30 days of the Judge's decision. If it is not received on time,...
A recent editorial in the New York Times on Judulang v. Holder, titled “Irrationality in Deportation Law,” raised important concerns about consistency in immigration decisions. But it also included a common misconception: that when the Board of Immigration Appeals...