Important Victory in BIA Streamlining Case

In Purveegiin v. Gonzales, the court of appeals of appeals reversed a BIA decision and ruled that the decision to employ single-member review is not a matter “committed to agency discretion.” The regulations provide a “meaningful standard against which to judge the agency’s exercise of discretion,” see Heckler, 470 U.S. at 830, and confer “important procedural benefits” on participants, see Am. Farm, 397 U.S. at 538-39. The agency’s invocation of these provisions is properly subject to judicial review and will be overturned if “arbitrary” or “capricious.” 5 U.S.C. §§ 702, 706(2)(A); see Smriko, 387 F.3d at 296-97.” “This case presented a clear factual disagreement between the reviewing Board member and the immigration judge. Panel review was not only appropriate, but required. The Board’s decision to resolve this case through single-member order was arbitrary and capricious, warranting remand for reconsideration by a panel.”   See the decision at Download purveegiin_v. Gonzales.pdf

KJ