This webinar provides a comprehensive overview of BIA jurisdiction, and also discusses how to challenge BIA decisions on jurisdictional grounds.
Topics will include:
- General BIA Jurisdiction over IJ decisions
- IJ Decisions over which BIA has no jurisdiction
- General BIA Jurisdiction over DHS decisions
- DHS decisions over which BIA has no jurisdiction
- Issues arising over deadline to appeal
Whether deadline is jurisdictional
Where motion for reconsideration has been filed
Requesting reissuance of BIA decision
- Types of Decisions
Summary dismissals and grounds for
Cases warranting a 3-member panel review
En banc review
- Scope of Jurisdiction over DHS decisions
Questions of law
Questions of fact
BIA authority to “re-weigh” facts
- Precedential Value of BIA decisions
Published decisions
Unpublished decisions
- Review authority over BIA decisions
Attorney General
Appellate Courts
Direct appeals
Motions to reopen
Presenters:
Nora Privitera, ILRC Special Projects Attorney & Lead Staff Attorney, Attorney of the Day (AOD) Consultation Service
Nora is the author of ILRC's most popular publication, Hardship in Immigration Law: How to Prepare a Winning Case in Waiver and Cancellation of Removal Cases, and Remedies and Strategies for Permanent Resident Clients.
Lory D. Rosenberg, Consultant and Coach, Immigration Defense & Expert Advocacy Solutions (IDEAS)
Lory is the founder and owner of IDEAS Consultation and Coaching. She has been an immigration attorney for more than 30 years, and she have extensive experience in immigration law and policy. In 1995, she was appointed to the United States Board of Immigration Appeals by Attorney General Janet Reno and served as a Board Member from 1995-2002, deciding over 15,000 immigration appeals from the decisions of Immigration Judges and immigration district directors, some of which included separate concurring or dissenting opinions that have been cited favorably by the federal circuit courts of appeal and the Supreme Court. Since then, she has published legal manuals, in addition to serving as an adjunct professor at the Washington College of Law at American University.
