[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

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

 

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 General, decisions of 

the Board, and decisions of the Attorney General, shall



[[Page 68]]



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]