BIA Summary Affirmances

AILF's Legal Action Center is looking for strong appeals that the BIA has affirmed without opinion.  The LAC has prepared an amicus brief challenging the validity of the summary affirmance regulation (8 C.F.R. 3.1(a)(7)). We would like to file this amicus brief in cases where a petition for review or habeas petition has been filed.  Specifically, we are looking for cases where the petitioner is represented and where the merits are strong.  If you would like us to consider filing this brief in your client's case, please fax the following documents and information to Luke Hall, the LAC's legal assistant, at 202-783-7857:

  1. IJ's decision
  2. Notice of Appeal
  3. Respondent's brief to the BIA and INS brief, if any
  4. BIA's decision
  5. Date petitioner's brief is due

If you have any questions, email Luke Hall at

Also, AILF recently issued a practice advisory entitled, "How to Challenge an Affirmance Without Opinion by a BIA Member."  This advisory discusses arguments that challenge the BIA's application of the "affirmance without opinion" procedure to an individual case.  It was posted on the Infonet on August 27, 2002 and is available on AILF's web page at