8 CFR 1003.5 - Forwarding of record on appeal.

Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 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]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
Statutes at Large

Title 8 published on 2015-01-01

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

  • 2015-10-14; vol. 80 # 198 - Wednesday, October 14, 2015
    1. 80 FR 61773 - Recognition of Organizations and Accreditation of Non-Attorney Representatives
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Executive Office for Immigration Review
      Proposed rule; notice of meeting.
      The first meeting will be held on Thursday, October 15, 2015 at 1:30 p.m. The second meeting will be held on Friday, October 23, 2015 at 1:30 p.m. The third meeting will be held Thursday, October 29, 2015 at 1:30 p.m.
      8 CFR Parts 1001, 1003, 1103, 1212, and 1292