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Despite this increasing complexity in immigration proceedings, the BIA was reduced in number and type of review. The BIA, the appellate body located within the immigration system, had grown to twenty-three judges who were responsible for reviewing all appeals from immigration proceedings appeals.
In 2002, the Attorney General introduced an initiative referred to as “streamlining.” This
initiative resulted in a massive restructuring of the BIA, moving from twenty-three judges to eleven. Further, while the practice in the
past had been to have a three-judge panel review most cases, this initiative provided for the majority of cases to be reviewed by a single
member.
Practitioners, scholars, and immigration judges criticized this new structure as creating a mere rubber stamp at this appellate level, resulting in record numbers of appeals in nearly every circuit around the country.
Wait times in immigration courts have steadily
been rising, despite a decrease in charging documents being issued by ICE....[Citing TRAC research].
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