Study of Board of Immigration Appeals Procedural Reforms - ILW.com

timely, easily understandable precedents covering certain types of
recurring legal issues we can promote due process and the type of
high-quality judicial decision-making below that is consistent with
a streamlined appellate process.
On the other hand, statutory changes, regulatory changes, or new
Federal Court decisions could create substantial legal issues in
areas once thought to be “settled law.” Thus, it is likely that some
categories of cases once thought to be appropriate for streamlining
may, as a result of such changes, once again require the
deliberative process available through three-Member review. 56
Chairman Schmidt designated “certain categories” of cases as appropriate for summary
affirmance without opinion by a single BIA Member. 57 After Mr. Schmidt stepped down as
Chairman, effective April 9, 2001, 58 his successor, Acting Chairman Lori Scialabba also
designated “certain categories,” beginning on the first day of her service as chair and continuing
through 2001. 59
The “Streamlining Rules” had immediate effect. During FY1999 and FY2000, the BIA
completed roughly 8,000 fewer cases than it received each year, and the backlog grew. During
FY2001, the BIA completed roughly 3,000 more cases than it received, and, during FY2002, the
BIA completed roughly 13,000 more cases than it received, and the backlog in each year
declined. 60
Independent Auditor Assessment of “Streamlining Rules” (December 2001)
EOIR and the BIA retained Andersen LLP (“Andersen”) to evaluate the effectiveness of
streamlining. Andersen investigated both objective and subjective factors, submitted a
“Streamlining Pilot Project Assessment Report,” and conducted an “Exit Briefing” to present its
findings on December 13, 2001.
In its Report and Exit Briefing, Andersen reported that streamlining had contributed to a
53% increase in the overall number of BIA cases completed during its implementation period
(September 2000 through August 2001) and that streamlining had helped reduce the average
number of days it takes for a BIA case to be processed from “Intake” to “Completed at BIA.” 61
56 Schmidt Memorandum, supra note 12, at 2-3.
57 Id. at 3-8. See also Memorandum of Paul W. Schmidt, Chairman of the BIA, to all BIA Members (Nov. 1, 2000) (produced by EOIR to
Dorsey & Whitney pursuant to Freedom of Information Act request) (attached as Appendix 17).
58 Press Release , U.S. Dep’t of Justice, Schmidt Steps Down as Board Chairman (Mar. 20, 2001) (attached as Appendix 18).
59 See Memoranda from Lori L. Scialabba, Acting Chairman, to all BIA Members, (Apr. 10, 2001; May 23, 2001; June 22, 2001; Aug. 7,
2001; & August 9, 2001) (produced by EOIR to Dorsey & Whitney pursuant to Freedom of Information Act request) (attached as Appendix
19).
60 See U.S. Dep’t of Justice, EOIR, Statistical Yearbook 2002 Fig. 22 (2003) (attached as Appendix 20).
61 U.S. Dep’t of Justice, EOIR, BIA Streamlining Pilot Project Assessment Report 5-7 (2001) [hereinafter Andersen Report] (attached as
Appendix 21).
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