In this report we (1) describe the BIA procedural reforms; (2) quantify the resulting increase in appeals from the BIA to the circuit courts of appeals with particular emphasis on the Second Circuit; (3) review the constitutional challenges to the BIA reforms, which have been uniformly rejected; (4) describe the administrative response of the Second Circuit to the BIA appeal surge; (5) assess the impact of the surge on the Second Circuit, and its other ramifications; and (6) offer our recommendations on how to deal with the surge going forward.
Ass’n of the Bar of the City of N.Y., Fed. Courts Comm., The Surge in Immigration Appeals and Its Impact on the Second Circuit Court of Appeals, 60 Rec. Ass'n B. City N.Y. 243 (2005), available at http://digitalcommons.pace.edu/lawfaculty/536/.