Three-Member Panel Decision


In BIA cases, your case may be decided by an individual judge or a three-member panel. It may be possible for you to have your case adjudicated by a three-member panel if your case fits one of the following six categories.

  • Cases involving the need to settle inconsistencies among the rulings of different immigration judges;

  • Cases involving the need to establish precedent construing the meaning of laws, regulations, or procedures;

  • Cases involving the need to review a decision by an immigration judge or DHS that is not in conformity with the law or with applicable precedents;

  • Cases involving the need to resolve a case or controversy of major national importance;

  • Cases involving the need to review a clearly erroneous factual determination by an immigration judge;

  • Cases involving the need to reverse the decision of the immigration judge or DHS in a final order other than non-discretionary dispositions.

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