Fact Sheet on Changes to BIA
Posted Sep 13, 2002

The U.S. Department of Justice (DOJ) Executive Office for Immigration Review issued a "Fact Sheet" on August 23, 2002 that summarizes the recent and significant changes made to the Board of Immigration Appeals. These changes were discussed in our August 30, 2002 MurthyBulletin article, DOJ Issues Rule on Changes to BIA, available on MurthyDotCom.

To briefly summarize the thrust of the changes, the BIA will be "streamlined" to eliminate case backlogs. This streamlining means cases will be reviewed, in most instances, by one board member rather than a three-member panel or the entire Board. Further, the BIA will accept the Immigration Judge's findings of fact rather than reviewing the evidence and testimony "de novo" and making independent findings. Under the new standard, the Immigration Judge's fact-findings will not be disturbed unless they are "clearly erroneous." This standard makes the appeals process much more difficult for the appealing party when the issue turns on the facts of the case rather than whether the law is being correctly applied. The new rule also establishes tight deadlines for submission of briefs and, after a transition period, reduces the number of Board members.

While no one favors bureaucratic inefficiency, there is no positive value in speed alone. Rules should allow for careful consideration and review of each appeal. As we have stated previously, many of these cases involve claims for asylum and similar relief, based upon fear of dire consequences if an individual is returned to her/his home country. An incorrect decision in a case of this nature can mean death and/or torture for the individual making the claim. The U.S. should strive to provide a safe haven for these individuals and provide a structure for these cases to receive thorough and fair-minded review.