How to Challenge an Affirmance Without Opinion by a BIA Member

This practive advisory discusses arguments that challenge a Board of Immigration Appeals (BIA) Member's use of the "affirmance without opinion" (AWO) procedure to deny an appeal. Currently, 8 C.F.R. 3.1(a)(7) authorizes a single Board Member to summarily affirm the result of a decision by an immigration judge, without providing any reasons for the affirmance without opinion.

 
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