[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR3.5]

[Page 20]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW--Table of Contents
 
                 Subpart A--Board of Immigration Appeals
 
Sec. 3.5  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.
    (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]