OPERATIONS INSTRUCTIONS - Gani

Service Law Books
A separate order containing a summary of the facts, findings, and conclusions shall not be prepared when
adjudicating an application or petition unless specifically required by an OI. If, however, a difficult question
of law or fact is presented, a memorandum reflecting the basis for the conclusion shall be included in the file.
(c) Certifications.
When a regional Commissioner, in the exercise of his enforcement functions, certifies a case to the Board
because he disagrees with the special inquiry officer's decision, the certification order (which shall be typed
at the end of the special inquiry officer's decision) shall contain a statement setting forth the factual or legal
conclusions to which the regional commissioner objects together with the citation of pertinent authority in
support of his views. Notice of the certification and the reasons therefor shall be promptly served on the
respondent and the trial attorney.
The authority to certify a case pursuant to 8 CFR 3.7 shall not be exercised below the level of a district
director.
When the Board directs certification, the alien shall be informed of the certification in the following
language, stated at the hearing if the decision is oral and placed on the typed copy of the special inquiry
officer's decision directly above his signature: "IT IS FURTHER ORDERED that this case be certified to the
Board of Immigration Appeals for final decision by that Board."
(d) Representation roster.
A copy of the current roster of recognized organizations and their accredited representatives is
maintained by the Associate Commissioner, Information Systems, (Office of Policy Directives and
Instructions), Central Office. Whenever the roster is furnished to the Service in accordance with 8 CFR
292.2(e), the Associate Commissioner, Management shall make distribution of the roster to all district offices,
stateside and foreign. (TM 10/84)
(e) Oral argument.
When a record of proceeding is transmitted to the Board through the regional office in the first three
classes of cases enumerated in the first subparagraph of paragraph (a) of this OI, it shall be accompanied
by a memorandum requesting the section desired, explaining the importance of the issues involved, and have
attached thereto a copy of the record transcript, including the decision and accompanying legal memoranda
or briefs, if any, for use by the appellate trial attorneys. Whenever deemed helpful, similar action shall be
taken in the fourth specified class. Any other material which may be helpful to the appellate trialattorneys
shall be sent directly to them. Every field request for Service representation before the Board is subject to
approval by the regional commissioner, and such an approved request shall be transmitted directly to the
appellate trial attorneys at the Board in an envelope addressed as prescribed in the first subparagraph of
paragraph (a) of this OI, with a copy to the General Counsel.
(f) Decisions.
All BIA decisions returned to the district office and those referred to the district director shall be reviewed
to determine whether there is any basis for submitting a motion to reconsider or reopen to the Board. If the
district director believes that such basis exists in a particular decision, he shall refer it to the regional
commissioner who will determine whether to request the General Counsel to file an appropriate motion with
the Board after consultation with the Central Office official having jurisdiction over the area of Service
activity involved.
The district director shall also refer to the regional commissioner any BIA decision which the Board has
not designated for publication but which the district director believes sets forth policies, interpretations, or
procedures which should be published for the guidance of persons and their authorized representatives who
deal with the Service. The regional commissioner, if he concurs with the district director, shall transmit a
copy of the decision to the General Counsel for determination whether the Board should be requested to
designate the decision for publication after consultation with the Central Office official having jurisdiction over
the area of Service activity involved.
(g) Reopening or reconsideration.
(1) Order of deportation outstanding.
When a motion to reopen or reconsider is addressed to the Board and the alien is under an order of
deportation, a brief memorandum shall be prepared by the district director indicating whether deportation