S.744 Immigration bill - Sec. 3504: CODIFYING BOARD OF IMMIGRATION APPEALS
Posted Wed, Apr 17, 2013 at 4:57 pm
- (a) Definition of Board Member- Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end the following:
- `(53) The term `Board Member' means an attorney whom
the Attorney General appoints as an administrative judge within the
Executive Office for Immigration Review to serve on the Board of
Immigration Appeals, qualified to review decisions of immigration judges
and other matters within the jurisdiction of the Board of Immigration
- (b) Board of Immigration Appeals- Section 240(a)(1) (8
U.S.C. 1229a(a)(1)) is amended by adding at the end the following: `The
Board of Immigration Appeals and its Board Members shall review
decisions of immigration judges under this section.'.
- (c) Appeals- Section 240(b)(4) (8 U.S.C. 1229a(b)(4)), as amended by section 3502(b), is further amended--
- (1) in subparagraph (B), by striking `, and' and inserting a semicolon;
- (2) in subparagraph (C), by striking the period and inserting `; and'; and
- (3) by inserting after subparagraph (C) the following:
- `(D) the alien may appeal the immigration judge's decision to a 3-judge panel of the Board of Immigration Appeals.'.
- (d) Decision and Burden of Proof- Section 240(c)(1)(A) (8 U.S.C. 1229a(c)(1)(A)) is amended to read as follows:
- `(A) IN GENERAL- At the conclusion of the
proceeding, the immigration judge shall decide whether an alien is
removable from the United States. The determination of the immigration
judge shall be based only on the evidence produced at the hearing. On
appeal, the Board of Immigration Appeals shall issue a written opinion.
The opinion shall address all dispositive arguments raised by the
parties. The panel may incorporate by reference the opinion of the
immigration judge whose decision is being reviewed, provided that the
panel also addresses any arguments made by the nonprevailing party
regarding purported errors of law, fact, or discretion.'.
CODIFYING BOARD OF IMMIGRATION APPEALS