A-P

Citations

• 22 I. & N. Dec. 468

Syllabus

A-P-, 22 I&N Dec. 468 (BIA 1999) ID 3375 (PDF) (1) A summary decision pursuant to 8 C.F.R. § 240.12(b) (1998) may properly be issued by an Immigration Judge in removal proceedings in lieu of an oral or written decision only when the respondent has expressly admitted to both the factual allegations and the charges of removability and, either the respondents ineligibility for any form of relief is clearly established on the pleadings or, after appropriate advisement of and opportunity to apply for any form of relief for which it appears from the pleadings that he or she may be eligible, the respondent chooses not to apply for relief or applies only for, and is granted, the relief of voluntary departure. (2) A summary decision should adequately link the respondents admissions to the factual allegations and the charges of removability to the applicable law. (3) When an Immigration Judge issues an oral decision, the transcribed oral decision shall be included in the record in a manner that clearly separates it from the remainder of the transcript.