BIA Seeks Amicus Curiae Briefs Discussing The Scope Of An Immigration Judge’s Duty To Develop The Record For A Pro Se Respondent.

BIA Seeks Amicus Curiae Briefs Discussing The Scope Of An Immigration Judge’s Duty To Develop The Record For A Pro Se Respondent.

On June 28, 2024, the Board of Immigration Appeals (BIA or Board) published Amicus Invitation No. 24-28-06, welcoming interested members of the public to file amicus curiae briefs discussing the scope of an Immigration Judge’s duty to develop the record for a pro se respondent. Cases cited include Arteaga-Ramirez v. Barr, 954 F.3d 812 (5th Cir. 2020); Matter of J-F-F-, 23 I&N Dec. 912, 922 (A.G. 2006); and, Matter of S-M-J-, 21 I&N Dec. 722, 723-4, 728-9 (BIA 1997). A secondary issue presented is whether this duty is affected by the respondent’s individual characteristics, such as education level or language ability.

The Invitation further explains that members of the public who wish to appear as amicus curiae must submit a written request and outlines the requirements for such a Request, the contents and parameters of the brief, the page limit, applicable deadline and how to obtain additional information about the case. The invitation also addresses service of the Request and brief, joint requests to appear as amicus curiae, notice, attribution, contact and filing addresses, as well as fees. Requests to Appear as Amicus Curiae and amicus briefs must be received by the BIA Clerk’s Office by July 29, 2024.