The Board of Immigration Appeals’ new BIA Policies Admonished by ABA
Question: I appealed to the Board of Immigration Appeals (BIA).
The decision took only three months and there was no analysis.
How is the Board of Immigration Appeals making their decisions?
Answer:
Issued a scathing report on how the new regulations of how the BIA makes it decisions violates the due process of the immigrants.
The American Bar Association today called on the Board of Immigration Appeals to discard procedures it adopted in 2002. Additionally,
The findings of the study confirm concerns,
And about which the ABA has communicated with the Department of Justice.
“This study concludes that changes billed as simple procedural matters are having a serious and sweeping effect on the administration of justice,
” Said ABA President Dennis W. Archer. “
After reviewing it,
The ABA is recommending that the Department of Justice quickly discard the procedural changes. They should reinstate prior procedures.”
Question: What exactly does the study represent?
Answer:
Reducing the number of BIA members who must review each case and imposing strict time periods for decision-making were intended to eliminate the backlog. However, these measures have backfired.
The board of immigration appeals members are overworked, with insufficient time to carefully consider the facts and legal arguments of each case.
Allowing affirmance without written decision creates a clear incentive for board members. They are pressured
To meet case processing guidelines by affirming removal orders without regard to the merits of the appeal.
The lack of written decisions gives courts of appeal less guidance in reviewing decisions. The massive changes in immigration law,
Not lack of diligence or efficiency by individual board members,
Played a large part in the increased backlogs between 1996 and 2002.
Question: Are there any recommendations the ABA gives to the BIA.
Answer: Yes.
Prohibit single-member review for reversing an order of an immigration judge to terminate proceedings or grant relief to a non-citizen.
Ensure that time frames sufficiently accommodate the practical impediments many respondents face in preparing briefs or finding counsel. In addition,
Ensure decisional independence of board. Recommendations for the board of immigration appeals include preserving access to judicial review of immigration decisions,
As the federal courts provide important oversight.
