The U.S. Board of Immigration Appeals (BIA) will publish opinions not previously made public per the terms of a settlement. Claims were filed by a New York group stating the lack of public access to the rulings created a disadvantage for attorneys practicing immigration law. The unpublished opinions will be posted online, along with previously published findings.
The basis for the complaint was the Freedom of Information Act. The lack of access to the opinions created limitations for attorneys arguing a case being considered by the BIA, U.S. Department of Justice, and immigration judges. The Justice Department and immigration judges have access to both published and unpublished opinions, giving them access to information not available to the attorneys.
The added transparency of BIA rulings creates greater transparency for immigration attorneys. Per the settlement, BIA must start posting previously unpublished opinions by October 2022. All BIA rulings reached after 2016 must be posted by 2027. By 2028, the BIA should publish opinions within six months of their issuance date. Exemptions for rulings that may reveal identities and opinions available via hard copy only are included.
Beyond providing equal access to BIA opinions, publishing opinions will help in the process of BIA oversight.
If you have questions about any immigration-related issue, contact us at ILBSG. We continue to closely monitor policy updates and put our expertise to work to ensure our clients get the right advice.
