We submitted a FOIA request several months ago requesting all BIA policy memos that guide BIA members. We have received a partial response.
For years the Chairman of the Board of Immigration Appeals has issued informal policy memoranda designed to guide BIA members on how to decide certain kinds of cases. These have not been released the public. They are typically numbered with the year first, followed by the sequential number. So, for example, the third memo released in 2008 is called “08-03.” You get it.
Oddly, they’ve only produced a handful of these and have said they’ll be producing more over time. Not clear what the hold-up is, but here’s what we have received so far:
04-02 IJ Decisions Imbedded in the Transcripts
08-03 The Board’s Standard:Scope of Review
2008.09.22 Fact Sheet re ABC Registration Determinations
08-06 Admin Closure of ABC Cases
2013.04.22 Brian O’Leary Memo re Competency Procedures
13-02 Unrepresented Detained Aliens with Competency Issues
17-04 UPDATE re DACA Paragraph