Case remanded to immigration judge — When a higher tribunal (the Board of Immigration Appeals or a federal court) remands a case to an Immigration Judge (IJ), the IJ receives the case back with instructions. Therefore, counsel must understand the remand scope, expedite necessary procedures, and preserve issues for any further appeal. Read on for immediate steps, timelines, and a practical checklist to use at intake.
First, a remand means the reviewing authority (usually the BIA or a court of appeals) has returned the matter to the IJ for further proceedings, factfinding, or specific corrective action. In other words, remand is not a final victory. Rather, it instructs the IJ to take particular steps consistent with the higher tribunal’s order (for example, hold new hearings, reconsider credibility findings, or accept additional evidence). Therefore, counsel should review the remand order carefully to identify the exact directives. Counsel should also check any limits on the IJ’s authority on remand.
Next, the scope of the remand is critical. Often, the BIA or court will specify the narrow purpose for remand (for example, to reconsider a denial of relief in light of a legal error).. The IJ should avoid deciding issues outside the remand scope unless the remand explicitly leaves other issues open. However, when the remand language is broad or silent on scope, the IJ may have some latitude to address related matters. So carefully parse the remand text to determine whether additional issues remain under the IJ’s jurisdiction.
In addition, parties can sometimes move to remand (or to reopen) while a case is pending on appeal to the BIA. . Therefore, if newly discovered evidence or changed circumstances exist, counsel should evaluate whether a motion to remand/reopen is appropriate. Counsel should file it promptly under the applicable rules.
Moreover, practical consequences of remand commonly include: (1) new hearing dates or scheduling orders; (2) opportunities to introduce evidence or call witnesses specified by the higher tribunal; (3) potential re-weighing of credibility or relief factors; and (4) an altered timeline for appeals if the IJ issues a new decision. Consequently, counsel must preserve the record, update declarations, and prepare targeted litigation or mitigation tailored to the remand directives.
What happens when an IJ gets a case remanded — practical guide for counsel & clients
By Brian D. Lerner — Plain-English explanation of remands to Immigration Judges, the remand scope, common next steps, and preservation checklists.
Quick summary — remand types & immediate effects
| Type of remand | Typical instruction | Immediate counsel actions |
|---|---|---|
| BIA remand (narrow issue) | Reconsider specific legal or factual point (e.g., credibility, eligibility). | Read remand order; prepare targeted evidence and declarations; request scheduling order from IJ. |
| BIA remand (broad) | Reopen proceedings for additional factfinding or full rehearing. | Consider supplemental briefing, new witnesses, and potential new legal theories within remand scope. |
| Court remand (from federal appeals) | Follow appellate mandate; comply with court instructions and any stay conditions. | Coordinate appellate and IJ filings; preserve issues for potential further review. |
| Motion-to-remand granted | Case returned to IJ at party request to consider new evidence or applications. | File evidence with motion and be ready to argue scope and admissibility at new hearing. |
Immediate intake & preservation checklist
- Obtain and save a copy of the remand order (BIA/court docket entry) and read it line-by-line for directives and limits.
- Confirm whether the remand vacates the prior IJ decision or leaves parts intact; note which issues are reopened.
- Preserve the full administrative record and request any missing transcripts, exhibits, or sealed materials immediately.
- Prepare updated declarations, witness lists, and documentary evidence tailored strictly to the remand scope.
- Contact the IJ’s courtroom deputy to request a scheduling order, and ask about expedited dates if the client faces imminent consequences.
- If the remand follows a court order, check for stays or conditions set by the court and coordinate filings with appellate counsel.
- Flag issues for preservation on the record in case further administrative or judicial review becomes necessary.
Example — remand for credibility reassessment
For example, if the BIA remands because the IJ failed to consider a critical piece of witness testimony, the IJ will reopen the hearing to accept that testimony and may reassess credibility. As a result, counsel should prepare the witness with a focused declaration and a narrow direct examination plan so the IJ can consider the new evidence within the remand’s limits.
Frequently asked questions
Does a remand mean my case is over?
No. A remand sends the case back to the IJ for further proceedings or factfinding consistent with the higher tribunal’s instructions; therefore, the IJ may issue a new decision that could be favorable or unfavorable. Preserve issues and prepare accordingly.
Can the IJ decide other issues on remand?
It depends on the remand language. If the remand is narrowly worded, the IJ should limit actions to the stated purpose. However, if the remand is broad or silent, the IJ may have more discretion to address related issues — so check the order carefully.
What if new evidence develops during appeal?
Consider a motion to remand or a motion to reopen with the BIA or IJ as appropriate: motions have particular evidentiary and timing rules, so submit supporting documents promptly and comply with filing requirements.