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 tell the Board when anything changes. But you don’t get to file another merits brief (usually).

So, what else can you do?  Here are a few ideas:

File a Statement of New Authorities

A particularly effective tool is the statement of new authorities.

This is exactly what it sounds like.  The Board’s practice manual says that after briefing is completed, you can file a statement of new authorities if new cases are published that affect your argument in the brief.

Whenever a party discovers new authority subsequent to the filing of a Notice of Appeal or brief, whether that authority supports or detracts from the party’s arguments, that party should notify the Board of the new authority. See Chapter 4.6(g)(i) (New authorities). If either party wishes to brief new authority, that party should consult Chapter 4.6(g)(ii) (New argument).

You can also submit a statement of supplemental authorities if you find that you missed a case later on and want to submit it late.

Both of these are important, because all arguments (including arguments based on new cases) have to be exhausted before the Board of Immigration Appeals if you plan to raise them before the Circuit Court.  Also, the new authority might encourage the Board to grant your appeal even if it wasn’t considering doing so before.

Ask for Supplemental Briefing

If the brief is filed and you have thought of more reasons the Board should remand, file a “supplemental brief.”  As the BIA Practice Manual notes, such a request requires a “motion for leave to file” such a brief, which I tend to file at the same time.  Even if the Board does not accept the supplemental brief, at least your arguments will have been exhausted so that you can take them on to the Circuit Court if necessary.

File a Motion to Remand

If the facts of your case have changed in a way that improves your case, you should file a motion to remand. A motion to remand asks the Board to send the case back to the Immigration Judge to address the new facts.  Because the Board is unable to conduct fact-finding, the Board should remand any new factual issue to the Immigration Judge unless the Board determines the issue would have no bearing on the outcome.