BIA Practice Manual ch. 7.2

(a) Appeals

Oral argument is held at the discretion of the Board of Immigration Appeals (Board) and is rarely granted.  When an appeal has been taken, oral argument, if desired, must be requested on the Notice of Appeal (Form EOIR-26).  8 C.F.R. § 1003.1(e)(7).  Oral argument must be requested at the outset of the appeal, or oral argument may be deemed waived.  In either the Notice of Appeal or a brief, the appealing party should explain the reason for requesting oral argument and articulate how oral argument would supplement any written submissions.  The Board generally does not seek oral argument from parties who do not request it.

(b) Motions

Oral argument is available, though infrequently granted, to parties moving to have the Board reopen or reconsider their case.  8 C.F.R. § 1003.2(h).  The moving party should request oral argument in a separate but accompanying document with a cover page labeled “REQUEST FOR ORAL ARGUMENT.”  See Appendix D (Cover Pages).  The request must explain the reason for requesting oral argument and articulate how oral argument would supplement any written submissions.  While the Board reserves the authority to schedule oral argument, the Board generally does not seek oral argument from parties who did not initially request it.

(c) Requests by Responding Parties

Either party to an appeal or motion may request oral argument.

      (1) Appeals - In the event the party opposing the appeal wishes to request oral argument, the request must be made prior to the expiration of the briefing schedule.  That party should request oral argument in a separate but accompanying document with a cover page labeled “REQUEST FOR ORAL ARGUMENT.”  See Appendix D (Cover Pages).  The request must explain the reason for requesting oral argument and articulate how oral argument would supplement any written submissions.

      (2) Motions - In the event that a party responding to a motion wishes to request oral argument, the request should accompany the reply to the motion, which itself must be filed in accordance with the deadline set in the regulations.  See 8 C.F.R. § 1003.2(g)(3).  That party should request oral argument in a separate, but accompanying document with a cover page labeled “REQUEST FOR ORAL ARGUMENT.”  See Appendix D (Cover Pages).  The request must explain the reason for requesting oral argument and articulate how oral argument would supplement any written submissions.

(d) Criteria

Cases are selected for oral argument because they meet one or more of a number of criteria, including but not limited to:  (i) the resolution of an issue of first impression; (ii) alteration, modification, or clarification of an existing rule of law; (iii) reaffirmation of an existing rule of law; (iv) the resolution of a conflict of authority; and (v) discussion of an issue of significant public interest.