8 C.F.R. § 1103.3

Denials, appeals, and precedent decisions

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(a) DHS regulations. The regulations pertaining to denials, appeals, and precedent decisions of the Department of Homeland Security are contained in 8 CFR Chapter I.

(b) [Reserved]

(c) DHS 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 decisions relating to the administration of the immigration laws of the United States for publication as precedent in future proceedings, and upon approval of the Attorney General as to the lawfulness of such decision, the Director of the Executive Office for Immigration Review shall cause such decisions to be published in the same manner as decisions of the Board and the Attorney General.

[31 FR 3062, Feb. 24, 1966, as amended at 37 FR 927, Jan. 21, 1972; 48 FR 36441, Aug. 11, 1983; 49 FR 7355, Feb. 29, 1984; 52 FR 16192, May 1, 1987; 54 FR 29881, July 17, 1989; 55 FR 20769, 20775, May 21, 1990; 55 FR 23345, June 7, 1990; 57 FR 11573, Apr. 6, 1992; 68 FR 9832, Feb. 28, 2003; 81 FR 92366, Dec. 19, 2016]

Notes of Decisions

Cited in 2 cases, 2006–2006 · leading case: Julio G. Ibarra-Terrazas v. Alberto Gonzales, United States Attorney Gen., 461 F.3d 1046 (8th Cir. 2006).

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Julio G. Ibarra-Terrazas v. Alberto Gonzales, United States Attorney Gen., 461 F.3d 1046 (8th Cir. 2006). “Ibarra-Terrazas maintains that the Board should have addressed the merits of his appeal despite its tardiness because the handling of the appeal was governed by 8 C.F.R. § 1103.3 and § 103.5(a)(3), which require that a decision on the merits be made if an untimely appeal meets…”

J. Ibarra-Terrazas v. Alberto Gonzales (8th Cir. 2006). “Ibarra-Terrazas maintains that the Board should have addressed the merits of his appeal despite its tardiness because the handling of the appeal was governed by 8 C.F.R. § 1103.3 and § 103.5(a)(3), which require that a decision on the merits be made if an untimely appeal meets…”

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