C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 103—IMMIGRATION BENEFIT REQUESTS; USCIS FILING REQUIREMENTS; BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS › Subpart A—Applying for Benefits, Surety Bonds, Fees

8 C.F.R. § 103.10

Precedent decisions

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(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) 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 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.

(c) 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 (c) of this section or 8 CFR 1003.1(h)(2).

(d) 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 § 103.3(c).

(e) Precedent decisions. Bound volumes of designated precedent decisions, entitled “Administrative Decisions under Immigration and Nationality Laws of the United States,” may be purchased from the Superintendent of Documents, U.S. Government Printing Office. Prior to publication in volume form, current precedent decisions are available from the Department of Justice, Executive Office for Immigration Review's Virtual Law Library at: http://www.justice.gov/eoir/vll/libindex.html.

(f) [Reserved]

[68 FR 9832, Feb. 28, 2003. Redesignated and amended at 76 FR 53781, Aug. 29, 2011]
Notes of Decisions
Cited in 9 cases, 1974–2018 · leading case: George Bernard Nicholas v. Immigr. & Naturalization Serv., 590 F.2d 802 (9th Cir. 1979).
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George Bernard Nicholas v. Immigr. & Naturalization Serv., 590 F.2d 802 (9th Cir. 1979). · cites it 3× “Even if we assume that no extra copies of the evidence were available we find that petitioner sufficiently complied with 8 C.F.R. § 103.10 to receive copies at his own expense.”
Grace v. Whitaker, 344 F. Supp. 3d 96 (D.C. Cir. 2018). “See, e.g. , 8 U.S.C. § 1101 (b)(4) ("An immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe.”
Mayock v. Immigr. & Naturalization Serv., 714 F. Supp. 1558 (N.D. Cal. 1989). · cites it 2× “Similar provisions are contained in 8 C.F.R. § 103.10 (c) and in the INS Administrative Manual.”
Ali v. Reno, 829 F. Supp. 1415 (S.D.N.Y. 1993). · cites it 3× “” 8 C.F.R. § 103.10 (a)(2). Even if this Court were to conclude that petitioner’s request for documents constitutes a request for records under the Freedom of Information Act and 8 C.”
Marrakchi v. Napolitano, 494 F. App'x 877 (10th Cir. 2012). · cites it 2× “See 8 C.F.R. §§ 103.10 , 1003.10(d). -13- is irrelevant, because it is not the only possible inference.”
Marsh v. Comm'r, 62 T.C. 256 (Tax Ct. 1974). · cites it 2× “A request on form N-585 which "[describes] the record with sufficient specificity with respect to names, dates, subject matter, and location *111 to permit it to be identified and located" will be supplied.”
Duran, 20 I. & N. Dec. 1 (BIA 1989). · cites it 3× “2 See 8 C.F.R. §§ 103.10 , 292.4(b) (1984). The regulations also set forth the procedures by which an individual may seek access to those records.”
Lilia Silva v. Jefferson Sessions, 699 F. App'x 609 (9th Cir. 2017). “At the time Silva made her FOIA requests, former 8 C.F.R. § 103.10 (d)(3) controlled and specified that “[wjhen a request for records has been denied in whole or in part, the requester may, within 30 days of its receipt, appeal the denial to the Assistant Attorney General,…”
Grace v. Sessions (D.D.C. 2018). “30 (g)(2); 8 C.F.R. § 103.10 (b)(stating decisions of the Attorney General shall be binding on immigration judges).”
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