[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR103.37]

[Page 67-68]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 103_POWERS AND DUTIES; AVAILABILITY OF RECORDS--Table of Contents
 
Sec.  103.37  Precedent decisions.

    (a) Proceedings before the immigration judges, the Board of 
Immigration Appeals and the Attorney General are governed by part 1003 
of 8 CFR chapter V.
    (b)-(f) [Reserved]
    (g) Decisions as precedents. Except as Board decisions may be 
modified or overruled by the Board or the Attorney

[[Page 68]]

General, decisions of the Board, and decisions of the Attorney General, 
shall be binding on all officers and employees of the Department of 
Homeland Security or immigration judges in the administration of the 
immigration laws of the United States. By majority vote of the permanent 
Board members, selected decisions of the Board rendered by a three-
member panel or by the Board en banc may be designated to serve as 
precedents in all proceedings involving the same issue or issues. 
Selected decisions designated by the Board, decisions of the Attorney 
General, and decisions of the Secretary of Homeland Security to the 
extent authorized in paragraph (i) of this section, shall serve as 
precedents in all proceedings involving the same issue or issues.
    (h) Referral of cases to the Attorney General. (1) The Board shall 
refer to the Attorney General for review of its decision all cases 
which:
    (i) The Attorney General directs the Board to refer to him.
    (ii) The Chairman or a majority of the Board believes should be 
referred to the Attorney General for review.
    (iii) The Secretary of Homeland Security, or specific officials of 
the Department of Homeland Security designated by the Secretary with the 
concurrence of the Attorney General, refers to the Attorney General for 
review.
    (2) In any case the Attorney General decides, the Attorney General's 
decision shall be stated in writing and shall be transmitted to the 
Board or Secretary, as appropriate, for transmittal and service as 
provided in paragraph (f) of this section.
    (i) Publication of Secretary's precedent decisions. The Secretary of 
Homeland Security, or specific officials of the Department of Homeland 
Security designated by the Secretary with the concurrence of the 
Attorney General, may file with the Attorney General Service precedent 
decisions as set forth in Sec.  103.3(c).

[68 FR 9832, Feb. 28, 2003]

                           PART 109 [RESERVED]