Role of BIA Precedent Decisions

Individuals who appear before the immigration courts must wrestle with a complex system of law, including the immigration statutes, regulations and administrative decisions of the Board of Immigration Appeals (BIA). The BIA, by issuing a limited number of binding precedent decisions, helps to provide the public with “clear and uniform guidance... on the proper interpretation and administration of the [Immigration and Nationality] Act and its implementing regulations.” 8 C.F.R. § 1003.1(d)(1). But in order to serve this important role, the BIA must be required to abide by its own precedent decisions, unless they have been properly modified or overruled.

CASES

CASES

Torres-Valdivias v. Holder, 786 F.3d 1147 (9th Cir. 2015): In support of a petition for rehearing, the Council submitted an amicus brief addressing the appropriate standard for the exercise of discretion in adjustment of status and waiver applications under BIA case law and the BIA’s failure to follow its own precedent in this case. The Ninth Circuit denied the petition for rehearing and the panel issued an amended decision which eliminated any reference to the BIA’s failure to follow precedent.