8 CFR 1003.5 - Forwarding of record on appeal.

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There is 1 rule appearing in the Federal Register for 8 CFR 1003. View below or at eCFR (GPOAccess)
§ 1003.5 Forwarding of record on appeal.
(a) Appeal from decision of an immigration judge. If an appeal is taken from a decision of an immigration judge, the record of proceeding shall be forwarded to the Board upon the request or the order of the Board. Where transcription of an oral decision is required, the immigration judge shall review the transcript and approve the decision within 14 days of receipt, or within 7 days after the immigration judge returns to his or her duty station if the immigration judge was on leave or detailed to another location. The Chairman and the Chief Immigration Judge shall determine the most effective and expeditious way to transcribe proceedings before the immigration judges, and take such steps as necessary to reduce the time required to produce transcripts of those proceedings and improve their quality.
(b) Appeal from decision of a Service officer. If an appeal is taken from a decision of a Service officer, the record of proceeding shall be forwarded to the Board by the Service officer promptly upon receipt of the briefs of the parties, or upon expiration of the time allowed for the submission of such briefs. A Service officer need not forward such an appeal to the Board, but may reopen and reconsider any decision made by the officer if the new decision will grant the benefit that has been requested in the appeal. The new decision must be served on the appealing party within 45 days of receipt of any briefs or upon expiration of the time allowed for the submission of any briefs. If the new decision is not served within these time limits or the appealing party does not agree that the new decision disposes of the matter, the record of proceeding shall be immediately forwarded to the Board.
[61 FR 18907, Apr. 29, 1996, as amended at 67 FR 54905, Aug. 26, 2002]

Title 8 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 8.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-07-11; vol. 79 # 133 - Friday, July 11, 2014
    1. 79 FR 39953 - Designation of Temporary Immigration Judges
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Executive Office for Immigration Review
      Interim rule with request for comments.
      Effective Date: This rule is effective July 11, 2014. Written comments must be submitted on or before September 9, 2014. Comments received by mail will be considered timely if they are postmarked on or before that date. The electronic Federal Docket Management System (FDMS) will accept comments until midnight eastern time at the end of that day.
      8 CFR Part 1003

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United States Code
Statutes at Large

Title 8 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 8 CFR 1003 after this date.

  • 2014-09-17; vol. 79 # 180 - Wednesday, September 17, 2014
    1. 79 FR 55659 - Separate Representation for Custody and Bond Proceedings
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Executive Office for Immigration Review
      Notice of proposed rulemaking.
      Written comments must be submitted on or before November 17, 2014. Comments received by mail will be considered timely if they are postmarked on or before that date. The electronic Federal Docket Management System (FDMS) will accept comments until midnight Eastern Time at the end of that day.
      8 CFR Part 1003