What regulation governs the BIA's standard of review (de novo) for appeals?

The regulation that governs the Board of Immigration Appeals (BIA)’s standard of review as de novo for appeals is outlined in 8 C.F.R. § 1003.1(d)(3)(iii). This section establishes that when the BIA reviews appeals, it does so without deference to the findings of the lower authority, evaluating the factual and legal issues anew as if the case had not been previously adjudicated. This standard allows the BIA to make independent decisions based on the information presented, ensuring a thorough examination of the case.

In the context of my examination, other choices relate to different aspects of immigration regulations but do not specifically address the de novo standard of review applicable to BIA appeals. For instance, one of those options may reference procedural matters or other types of reviews but not the direct standard of review that applies specifically to the BIA's handling of appeals under the regulations established in 8 C.F.R. § 1003.1(d)(3)(iii). Understanding this specific regulatory framework is crucial for practitioners and individuals engaged with immigration law, as it frames how appeals will be handled at the BIA.