Lost in the Maze of Appeals: The Eleventh Circuit's Review of Decisions by the Board of Immigration Appeals

Abstract

The Eleventh Circuit reviews decisions made by the Board of Immigration Appeals with a very lenient substantial evidence test that incorporates the idea of compulsion. In other words, the record must compel an opposite conclusion for a decision to be overturned as opposed to merely being unsupported by substantial evidence. This article details the job of the Board of Immigration Appeals, the types of claims it hears, and the types of review applied to it by the Eleventh Circuit. A study of 251 cases from 1990 through 2008 suggests that the Eleventh Circuit hardly ever overturns the Board of Immigration Appeals. This complex intersection of administrative and immigration law leaves aliens struggling for relief often lost in the maze of appeals.

Keywords: immigration, substantial evidence, asylum