C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER A—GENERAL PROVISIONS › PART 1003—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW › Subpart C—Immigration Court—Rules of Procedure

8 C.F.R. § 1003.37

Decisions

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(a) A decision of the immigration judge may be rendered orally or in writing. If the decision is oral, it shall be stated by the immigration judge in the presence of the parties and a memorandum summarizing the oral decision shall be served on the parties. If the decision is in writing, it shall be served on the parties by personal service, mail, or electronic notification.

(b) A written copy of the decision will not be sent to an alien who has failed to provide a written record of an address.

[57 FR 11573, Apr. 6, 1992, as amended at 59 FR 1900, Jan. 13, 1994; 86 FR 70723, Dec. 13, 2021]
Notes of Decisions
Cited in 16 cases (10 in the last 5 years), 2007–2026 · leading case: Jacqueline Stevens v. U.S. Attorney Gen., 877 F.3d 1293 (11th Cir. 2017).
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Jacqueline Stevens v. U.S. Attorney Gen., 877 F.3d 1293 (11th Cir. 2017). · cites it 2× “35, and are entitled to written notice of the Immigration Judge’s decision which “shall” include reasons for the decision, 8 C.F.R. §§ 1003.37 , 1240.12(a), 1240.13(a).”
Nazar Bachynskyy v. Eric Holder, Jr, 668 F.3d 412 (7th Cir. 2011). “If the decision is in writing, the regulations state that “it shall be served on the parties by first class mail to the most recent address contained in the Record of Proceeding or by personal service.”
Iskandarani, 29 I. & N. Dec. 26 (BIA 2025). · cites it 2× “” 8 C.F.R. § 1003.37 (a) (2025). A written decision “shall be served on the parties by personal service, mail, or electronic notification.”
Iskandarani, 29 I. & N. Dec. 26 (BIA 2025). · cites it 2× “” 8 C.F.R. § 1003.37 (a) (2025). A written decision “shall be served on the parties by personal service, mail, or electronic notification.”
Bazile v. Garland (1st Cir. 2023). · cites it 2× “See 8 C.F.R. § 1003.37 . The IJ then files a written order with the immigration court, and the immigration court dockets it.”
Singh v. Barr (2d Cir. 2020). “” 8 C.F.R. § 1003.37 (a). Service on a party also may be accomplished by service on his or her attorney.”
Rosa Ponce-De Ascencio v. Merrick Garland (4th Cir. 2022). “13 (b) and 8 C.F.R. § 1003.37 (a). The BIA noted the IJ had not followed the regulations but found Ascencio had not shown any harm or prejudice.”
Ramon Jasso Arangure v. Merrick B. Garland (6th Cir. 2022). “” 8 C.F.R. § 1003.37 (a). Although both parties were present at the post-decision hearing, the immigration judge never provided a summary memorandum of an oral decision.”
Rosa Ponce-De Ascencio v. Merrick Garland (4th Cir. 2022). “13 (b) and 8 C.F.R. § 1003.37 (a). The BIA noted the IJ had not followed the regulations but found Ascencio had not shown any harm or prejudice.”
Mayorga-Guzman v. Bondi (9th Cir. 2025). “As stated earlier, the BIA found that the IJ provided him the memorandum summarizing the IJ’s oral decision as required by 8 C.F.R. § 1003.37 (a). Petitioner does not challenge that factual conclusion.”
Xue v. Bondi (9th Cir. 2025). “We deny Xue’s petition with respect to his claims regarding the agency’s regulatory notice obligation.”
David Cruz Perez v. Attorney Gen. United States of Am. (3rd Cir. 2026). “8 C.F.R. § 1003.37 (a). When the alien is represented by counsel, service must be made on his counsel.”
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