New BIA policies Admonished

bia

Analysis of the proposed BIA regulations

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.
The BIA is making there decisions?

BIA

board of immigration appeals

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 or,
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 and reinstate prior procedures.”

Question: What exactly does the study represent?

bia

board of immigration appeals

Answer:
Reducing the number of BIA members who must review each case and imposing strict time periods for decision-making, measures purportedly aimed at eliminating the backlog, have backfired.
Overworked board members have 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
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; and 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.

board of immigration appeals

board of immigration appeals

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;
Ensure decisional independence of board; and preserve access to judicial review of immigration decisions,
As the federal courts provide important oversight.

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