« ÎnapoiContinuă »
SUBCHAPTER A-GENERAL PROVISIONS
§ 1.1 Definitions.
As used in this chapter:
(a) The terms defined in section 101 of the Immigration and Nationality Act (66 Stat. 163) shall have the meanings ascribed to them in that section and as supplemented, explained, and further defined in this chapter.
(b) The term "Act" means the Immigration and Nationality Act, as amended.
(c) The term "Service" means the Immigration and Naturalization Ser
(d) The term "Commissioner" means the Commissioner of Immigration and Naturalization.
(e) The term "Board" means the Board of Immigration Appeals.
(f) The term "attorney" means any person who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law.
(g) Unless the context otherwise requires, the term "case" means any proceeding arising under any immigration or naturalization law, Executive order, or Presidential proclamation, or preparation for or incident to such proceeding, including preliminary steps by any private person or corporation preliminary to the filing of the application or petition by which any proceeding under the jurisdiction of the Service or the Board is initiated.
(h) The term "day" when computing the period of time for taking any action provided in this chapter including the taking of an appeal, shall include Sundays and legal holidays, except that when the last day of the period so computed falls on a Sunday or a legal holiday, the period shall run until the end of the next day which is neither a Sunday nor a legal holiday. (i) The term "practice" means the act or acts of any person appearing in any case, either in person or through the preparation or filing of any brief
or other document, paper, application, or petition on behalf of another person or client before or with the Service, or any officer of the Service, or the Board.
(j) The term “representative” refers to a person who is entitled to represent others as provided in § 292.1(a) (2), (3), (4), (5), (6), and § 292.1(b) of this chapter.
(k) The term "preparation," constituting practice, means the study of the facts of a case and the applicable laws, coupled with the giving of advice and auxiliary activities, including the incidental preparation of papers, but does not include the lawful functions of a notary public or service consisting solely of assistance in the completion of blank spaces on printed Service forms by one whose remuneration, if any, is nominal and who does not hold himself out as qualified in legal matters or in immigration and naturalization procedure.
(1) The term "immigration judge" means special inquiry officer and may be used interchangeably with the term special inquiry officer wherever it appears in this chapter.
(m) The term "representation" before the Board and the Service includes practice and preparation as defined in § 1.1 (i) and (k).
(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103)
[23 FR 9115, Nov. 26, 1958, as amended at 30 FR 14772, Nov. 30, 1965; 34 FR 12213, July 24, 1969; 38 FR 8590, Apr. 4, 1973; 40 FR 23271, May 29, 1975]
PART 2-AUTHORITY OF THE COMMISSIONER
§ 2.1 Authority of the Commissioner.
Without divesting the Attorney General of any of his powers, privileges, or duties under the immigration and naturalization laws, and except as to the Board, there is delegated to the Commissioner the authority of the Attorney General to direct the administration of the Service and to enforce the act and all other laws relating to the immigration and naturalization of aliens. The Commissioner may issue
regulations as deemed necessary or appropriate for the exercise of any authority delegated to him by the Attorney General, and may redelegate any such authority to any other officer or employee of the Service.
(Sec. 201, 66 Stat. 173; 8 U.S.C. 1103, Reorg. Plan No. 2 of 1950, 15 FR 3173, 3 CFR, 1950 (Supp.))
[23 FR 9117, Nov. 26, 1958]
PART 3-BOARD OF IMMIGRATION APPEALS
3.1 Board of Immigration Appeals. 3.2 Reopening or reconsideration. 3.3 Notice of appeal.
3.4 Withdrawal of appeal.
3.5 Forwarding of record on appeal. 3.6 Stay of execution of decision. 3.7
Notice of certification.
3.8 Motion to reopen or motion to reconsider.
AUTHORITY: Secs. 103, 292, 66 Stat. 173, 235; 8 U.S.C. 1103, 1362, sec. 2, Reorg. Plan No. 2 of 1950, 15 FR 3173, 3 CFR, 1949-1953 Comp., p. 1003, unless otherwise noted.
§3.1 Board of Immigration Appeals.
(a)(1) Organization. There shall be in the Department of Justice a Board of Immigration Appeals, subject to the general supervision of the Deputy Attorney General. The Board shall exercise so much of the Attorney General's power and authority under the immigration and nationality laws as he may delegate to it. The Board shall consist of a Chairman and four other members who shall be appointed by the Attorney General and shall serve at his discretion. A vacancy, or the absence or unavailability of a Board Member, shall not impair the right of the remaining members to exercise all the powers of the Board, and three members of the Board shall, at all times, constitute a quorum of the Board. There shall also be attached to the Board such number of attorneys and other employees as the Deputy Attorney General, upon recommendation of the Chairman, shall from time to time direct.
(2) Chairman. The Chairman shall direct, supervise and take final Board action in all matters relating to personnel, administration, and management, and shall establish internal op
erating procedures and policies of the Board. He shall designate a member of the Board to act as Chairman in his absence or unavailability. The Chairman shall be assisted in the performance of his duties by an Executive Assistant/Chief Attorney Examiner, who shall be directly responsible to the Chairman. The Executive Assistant/Chief Attorney Examiner shall serve as an Alternate Board Member when, in the absence or unavailability of a Board Member or Members, his participation is deemed necessary by the Chairman. Once designated, his participation in a case shall continue to its normal conclusion.
(3) Board Members. Board Members shall perform the quasi-judicial function of adjudicating cases coming before the Board.
(b) Appellate jurisdiction. Appeals shall lie to the Board of Immigration Appeals from the following:
(1) Decisions of special inquiry officers in exclusion cases, as provided in Part 236 of this chapter.
(2) Decisions of special inquiry officers in deportation cases, as provided in Part 242 of this chapter, except that no appeal shall lie from an order of a special inquiry officer under § 244.1 of this chapter granting voluntary departure within a period of at least 30 days, if the sole ground of appeal is that a greater period of departure time should have been fixed.
(3) Decisions on applications for the exercise of the discretionary authority contained in section 212(c) of the act, as provided in Part 212 of this chapter.
(4) Decisions involving administrative fines and penalties, including mitigation thereof, as provided in Part 280 of this chapter.
(5) Decisions on petitions filed in accordance with section 204 of the act (except petitions to accord preference classifications under section 203(a)(3) or section 203(a)(6) of the act, or a petition on behalf of a child described in section 101(b)(1)(F) of the act), and decisions on requests for revalidation and decisions revoking the approval of such petitions, in accordance with section 205 of the act, as provided in Parts 204 and 205, respectively, of this chapter.