Fourth Circuit Confirms AG's Authority to Appoint Temporary Board Members

The Fourth Circuit has confirmed that the Attorney General has an independent statutory authority to appoint (and renew the appointment of) temporary members of the Board of Immigration Appeals. This authority is not affected by the regulation prescribing the authority of the Director of the Executive Office for Immigration Review to appoint temporary Board members. Finally, the Fourth Circuit construed that regulation as permitting renewable appointments by the Director.

The full text of Salomon-Guillen v. Garland can be found here: https://www.ca4.uscourts.gov/opinions/231723.P.pdf

Eighth Circuit Address Lawfulness of Temporary BIA Member and Religious-Based Asylum Claim

The Eighth Circuit has determined that the terms of temporary members of the Board of Immigration Appeals (Board) can be renewed. The court also remanded a religion-based asylum claim, remanding for the Board to consider whether statements and actions by gang members demonstrated that the applicant’s evangelizing was one central reason for the harm he suffered.

The full text of Rivera v. Garland can be found here: https://media.ca8.uscourts.gov/opndir/24/07/232351P.pdf