Rules and Procedures for the Board of Immigration Appeals

The Board of Immigration Appeals, as part of the Executive Office for Immigration Review, is an administrative appellate body that reviews the decisions of Immigration Judges. The Board has jurisdiction over a broad range of cases, from petitions for asylum and other non-immigration-related matters, to those involving deportation orders and other types of legal proceedings. As a result, there are numerous rules and procedures governing its operations. Don't navigate the complex world of immigration alone. Get expert Immigration lawyer consultation Toronto help now.

Continuation of jurisdiction and procedure

• The Department of Homeland Security (DHS) proposes a rule to codify guidelines for the continuance of jurisdiction and procedure in immigration appeals. This rule would create a non-exhaustive list of factors to be considered by an immigration judge in making a decision about a continuance.
• The standard for good cause in immigration court proceedings is often misapplied and leads to an overuse of the tool. This overuse is detrimental to the function of continuances, which are meant to allow for more time in certain cases. In addition, the overuse of continuances places stress on a scarce resource.
• The Department of Homeland Security recognizes that there are rare instances in which a continuance is warranted. It believes that continuances should be granted only in those situations. However, the Agency also recognizes that no single regulation can account for every scenario.

Temporary Board members

• The Department of Homeland Security has been hiring more immigration judges and taking measures to reduce pending cases. In addition to increasing the number of judges, the Department is also expanding the Board of Immigration Appeals to 15 members. This will allow more decisions to be issued in a shorter period of time and will help to decrease the backlog of cases.
• The EOIR's interim rule amends its rules for the Board of Immigration Appeals and creates a new category of people eligible for temporary Board member status. The EOIR is currently staffed by three immigration judges, who are helping the Board to handle its caseload. In addition, the Attorney General has designated four board members. This means that the Board now has a total of nineteen eminently qualified individuals.

Rules of practice

• The rules of practice for immigration appeals are surprisingly complex. Even the most seasoned of attorneys may not be aware of the intricacies of the proceedings. This is where a good immigration lawyer comes in handy. Among other things, the immigration judge can issue orders, designate a witness or deponent, and limit the scope of a deposition. Moreover, the court can require exhibits to be indexed or paginated. For instance, a pre-hearing stipulation can be akin to a courtroom exhibit, and the court will often provide an interpreter.
• The immigration judge can also impose time limits on a proceeding. In a hearing for an exclusion, for example, the judge can determine how many times a hearing can be held in a given period of time. Moreover, a judge can hold a hearing in person, over the phone or through videoconference. He or she may also grant a continuance for a reasonable amount of time.

Filing a brief that has been filed out of time

• If you are filing an immigration appeal and have filed a brief that is out of time, the Bureau of Immigration Appeals (BIA) can still consider your brief as a matter of discretion. Currently, the BIA has a standard 30-day briefing period, and the number of extensions for good cause is limited. However, the Department of Homeland Security (DHS) has recently proposed a change to the length of time allowed for filing an immigration brief.
• As of FY 2019, the BIA has approximately 65,201 pending appeals from immigration judge decisions. The agency has not made any significant changes to its regulations regarding the length of time for filing an immigration appeal since 2002.
• According to DHS, the immigration judge's decision can be challenged by both parties. In addition, a party may file a motion to remand. A remand is a request to reopen or remand the case while an appeal is pending.

Importance of working with an attorney

• In order to win your deportation appeal, you need to have the help of a qualified immigration attorney. Not only will an experienced attorney work with you on legal issues, but he or she will also provide guidance on how to complete the paperwork and what to do next.
• The immigration process can be a confusing one. In addition to being a complicated system, there are also many laws and rules to follow. There are strict requirements that must be met. Without an attorney, you could face serious consequences if you break any of the immigration laws.
• The immigration courts are overburdened with backlogs. These backlogs can cause proceedings to take years to finish. Having an attorney will not prevent deportation, but it can make the process easier.