§ 1003.5 Forwarding of record on appeal.
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Title 8—Aliens and Nationality > CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE > SUBCHAPTER A—GENERAL PROVISIONS > PART 1003—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW > Subpart A—Board of Immigration Appeals
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(a) Appeal from decision of an immigration judge. For all appeals not summarily dismissed, the record shall be forwarded to the Board as promptly as possible upon receipt of the appeal.
(b) Appeal from decision of a DHS officer. If an appeal is taken from a decision of a DHS officer, the record of proceeding shall be forwarded to the Board by the DHS officer promptly upon receipt of the briefs of the parties, or upon expiration of the time allowed for the submission of such briefs. A DHS officer need not forward such an appeal to the Board, but may reopen and reconsider any decision made by the officer if the new decision will grant the benefit that has been requested in the appeal. The new decision must be served on the appealing party within 45 days of receipt of any briefs or upon expiration of the time allowed for the submission of any briefs. If the new decision is not served within these time limits or the appealing party does not agree that the new decision disposes of the matter, the record of proceeding shall be immediately forwarded to the Board.
[89 FR 46791, May 29, 2024, as amended at 91 FR 5278, Feb. 6, 2026]
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