4.18 - Certification by an Immigration Judge

An immigration judge may ask the Board to review their decision.  8 C.F.R. § 1003.7.  To “certify” a case to the Board, an immigration court serves a notice of certification on the parties.  That notice informs the parties that the case has been certified and sets a briefing schedule. 

The right to appeal is separate and distinct from certification.  To safeguard the opportunity to appeal and be heard by the Board, parties should file an appeal even if an immigration judge has certified the case.  8 C.F.R. § 1003.3(d).