Tuesday, May 03, 2005

Moving to supplement the BIA record on appeal

Anybody have ideas on how to make a motion to supplement the record on appeal before the BIA?

The Ninth Circuit certainly was perplexed by this question in 2003. In Ramirez-Alejandre v. Ashcroft, 320 F.3d 858 (9th Cir. 2003), it ruled that the BIA must have a process to consider motions to supplement the record. In the case, the BIA rejected the motion, saying nobody is allowed to supplement the record. This confused the Ninth Circuit, because the BIA has in several cases supplemented the record on appeal.

Where does this leave us today? The BIA Practice Manual has a section on motions, but it does not say anything about motions to supplement the record. So, does this mean we can make them or that we cannot (and some other unspecified procedure is the right way to do it?)


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