The Board of Immigration Appeal’s scope of review of an immigration court’s decision is set forth in 8 C.F.R. §1003.1(d)(3).
Basis for AppealStandard of Review8 C.F.R. § 1003.1
Facts determined by Immigration Judge, including credibilityReviewed for clear error(d)(3)(i)
Questions of law, discretion, judgment, and all other issues.Reviewed de novo(d)(3)(ii)
8 C.F.R. §1003.1(d)(3) Scope of review (** current as of July 24, 2017)
(i) The Board will not engage in de novo review of findings of fact determined by an immigration judge. Facts determined by the immigration judge, including findings as to the credibility of testimony, shall be reviewed only to determine whether the findings of the immigration judge are clearly erroneous. (Revised effective 9/25/02; 67 FR 54878 ) (Redesignated as paragraph (d)(3), previously (d)(2); 10/18/99; 64 FR 56135 )
(ii) The Board may review questions of law, discretion, and judgment and all other issues in appeals from decisions of immigration judges de novo.
(iii) The Board may review all questions arising in appeals from decisions issued by Service officers de novo.
(iv) Except for taking administrative notice of commonly known facts such as current events or the contents of official documents, the Board will not engage in factfinding in the course of deciding appeals. A party asserting that the Board cannot properly resolve an appeal without further factfinding must file a motion for remand. If further factfinding is needed in a particular case, the Board may remand the proceeding to the immigration judge or, as appropriate, to the Service.