[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: 8CFR103.4]



[Page 48-49]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 103_POWERS AND DUTIES; AVAILABILITY OF RECORDS--Table of Contents

 

Sec. 103.4  Certifications.



    (a) Certification of other than special agricultural worker and 

legalization cases--(1) General. The Commissioner or the Commissioner's 

delegate may direct that any case or class of cases be certified to 

another Service official for decision. In addition, regional 

commissioners, regional service center directors, district directors, 

officers in charge in districts 33 (Bangkok, Thailand), 35 (Mexico City, 

Mexico), and 37 (Rome, Italy), and the Director, National Fines Office, 

may certify their decisions to the appropriate appellate authority (as 

designated in this chapter) when the case involves an unusually complex 

or novel issue of law or fact.

    (2) Notice to affected party. When a case is certified to a Service 

officer,



[[Page 49]]



the official certifying the case shall notify the affected party using a 

Notice of Certification (Form I-290C). The affected party may submit a 

brief to the officer to whom the case is certified within 30 days after 

service of the notice. If the affected party does not wish to submit a 

brief, the affected party may waive the 30-day period.

    (3) Favorable action. The Service officer to whom a case is 

certified may suspend the 30-day period for submission of a brief if 

that officer takes action favorable to the affected party.

    (4) Initial decision. A case within the appellate jurisdiction of 

the Associate Commissioner, Examinations, or for which there is no 

appeal procedure may be certified only after an initial decision is 

made.

    (5) Certification to AAU. A case described in paragraph (a)(4) of 

this section may be certified to the AAU.

    (6) Appeal to Board. In a case within the Board's appellate 

jurisdiction, an unfavorable decision of the Service official to whom 

the case is certified (whether made initially or upon review) is the 

decision which may be appealed to the Board under Sec. 3.1(b) of this 

chapter.

    (7) Other applicable provisions. The provisions of Sec. 

103.3(a)(2)(x) of this part also apply to decisions on certified cases. 

The provisions of Sec. 103.3(b) of this part also apply to requests for 

oral argument regarding certified cases considered by the AAU.

    (b) Certification of denials of special agricultural worker and 

legalization applications. The Regional Processing Facility director or 

the district director may, in accordance with paragraph (a) of this 

section, certify a decision to the Associate Commissioner, Examinations 

(Administrative Appeals Unit) (the appellate authority designated in 

Sec. 103.1(f)(2)) of this part, when the case involves an unusually 

complex or novel question of law or fact.



[52 FR 661, Jan. 8, 1987, as amended at 53 FR 43985, Oct. 31, 1988; 55 

FR 20770, May 21, 1990]