[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: 8CFR3.7]

[Page 21]
 
                     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. 3.7  Notice of certification.

    Whenever, in accordance with the provisions of Sec. 3.1(c), a case 
is certified to the Board, the alien or other party affected shall be 
given notice of certification. An Immigration Judge or Service officer 
may certify a case only after an initial decision has been made and 
before an appeal has been taken. If it is known at the time the initial 
decision is rendered that the case will be certified, the notice of 
certification shall be included in such decision and no further notice 
of certification shall be required. If it is not known until after the 
initial decision is rendered that the case will be certified, the office 
of the Service or the Immigration Court having administrative control 
over the record of proceeding shall cause a Notice of Certification to 
be served upon the parties. In either case, the notice shall inform the 
parties that the case is required to be certified to the Board and that 
they have the right to make representations before the Board, including 
the making of a request for oral argument and the submission of a brief. 
If either party desires to submit a brief, it shall be submitted to the 
office of the Service or the Immigration Court having administrative 
control over the record of proceeding for transmittal to the Board 
within the time prescribed in Sec. 3.3(c). The case shall be certified 
and forwarded to the Board by the office of the Service or Immigration 
Court having administrative jurisdiction over the case upon receipt of 
the brief, or upon the expiration of the time within which the brief may 
be submitted, or upon receipt of a written waiver of the right to submit 
a brief. The Board in its discretion may elect to accept for review or 
not accept for review any such certified case. If the Board declines to 
accept a certified case for review, the underlying decision shall become 
final on the date the Board declined to accept the case.

[61 FR 18907, Apr. 29, 1996]