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The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement.
Case history; Prior: Petition for review in the Ninth CIrcuit granted, 121 F.3d 521 (9th Cir. 1997).: Holding; In ruling that the Board of Immigration Appeals must supplement its weighing test by examining additional factors not considered by the Board, the Ninth Circuit did not accord Chevron deference to the BIA's decision.
After the BIA has decided a matter, it may choose to issue a final decision, remand to the immigration judge for further consideration, or refer the matter to the attorney general. The attorney general also may refer the case to him or herself and decide the case regardless of the decision of the BIA. [21]
Judulang v. Holder, 565 U.S. 42 (2011), is a decision by the Supreme Court of the United States involving deportation law and procedure. The case involved a rule adopted by the Board of Immigration Appeals for determining the eligibility of certain long-term resident aliens, when they are facing deportation because of a prior criminal conviction, to apply to the Attorney General for relief.
The Ninth Circuit had remanded the case to the Board of Immigration Appeals to evaluate the asylum claim under a different legal standard, 767 F.2d 1448 (9th Cir. 1985). The Supreme Court granted the INS's petition for certiorari , 475 U.S. 1009 (1986).
In the Matter of S---, 1 I. & N. Dec. 309 (1942), is a United States Department of Justice, Board of Immigration Appeals (BIA) decision holding that a white woman born in Canada married to a Canadian Indian and deemed a member of an Indian tribe under the Canadian Indian Act is an American Indian within the meaning of the Section 289 of the Immigration and Nationality Act (INA), and as such is ...
In December 2008, Patel sought to renew his Georgia driver's license and checked a box on the application specifying that he was a United States citizen. An immigration judge later denied his application for adjustment of status on that basis, and the Board of Immigration Appeals (BIA) affirmed. Patel asserted that because he would be eligible ...
Negusie v. Holder, 555 U.S. 511 (2009), was a decision by the United States Supreme Court involving whether the bar to asylum in the United States for persecutors applies to asylum applicants who have been the target of credible threats of harm or torture in their home countries for refusing to participate further in persecution. [1]