We noted a while back the pending case in the Eighth Circuit regarding two glaring errors in BIA decisions.

We had oral argument in that case this morning, and it seemed to go well.  Judge Benton made a modest proposal to the Department of Justice’s attorney.

Why can’t the Board simply correct its typographical errors rather than allow them to be litigated to the Circuit Courts, essentially wasting the court’s time?  Everyone wants the immigrant to have a full and fair hearing and for the Board to at least engage the evidence in adjudicating the appeal.

When the Board makes such glaring, obvious errors that it isn’t clear exactly what the BIA intended, it should be willing to remand these cases as a matter of course to correct them.  Otherwise, an immigrant is forced to pay to have their case appealed to the Circuit Court, a panel of over-worked judges is forced to read a series of briefs and sit through oral argument, all for little result.

We hope the Board has heard Judge Benton’s suggestion and develops a procedure for such corrections.  Otherwise, we will continue to take these cases to the Circuit Courts to force the Board to do its job.