We remarked last week that a NY Times editorial had a bizarre and simply untrue observation about the use of “Affirmance Without Opinion” (AWO) by the Board, describing it as somewhat commonplace. As we noted, it’s just not used that often anymore.
EOIR Director, Juan Osuna, had the same reaction, writing to the Editor today to set the record straight – AWO currently makes up 3% of the decisions the BIA issues. Mr. Osuna is correct, and it’s good that he pointed it out.