BIA Procedures

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AILF and AILA Comment on EOIR’S Proposed Rule on “Streamlining”
AILF and AILA’s comment on the proposed rule, “Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents,” emphasizes the need for continued federal court oversight of the use of the “affirmance without opinion” procedure; it also objects to EOIR’s proposal to allow to permanent members of the BIA issue precedent decisions. The comment was submitted on August 18, 2008.

Timeliness of BIA Appeal

The LAC argues in this amicus brief that the Board has the authority to consider a late appeal in unique circumstances and that the failure of a guaranteed overnight delivery service to deliver the appeal on time constitutes a “unique” circumstance justifying acceptance of the late appeal.

• Liadov, et al v. Gonzales            8th Circuit                        No. 06-3522

Ineffective Assistance of Counsel

The LAC has long worked to protect the right to effective assistance of counsel in removal proceedings. Read more about our efforts at our Ineffective Assistance of Counsel advocacy page.