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OI 3.3 Remand of Board Cases by a Court.
In any case remanded by a court to the jurisdiction of the Service for further adjudicatory action in which the final administrative order under judicial review was entered by the Board, the administrative record must go through the Board for an appropriate order of remand by the Board to the Service. When the administrative record is returned directly to the Service by the court, or by the U.S. Attorney or the Department of Justice, the administrative record along with the court's order must be forwarded
to the Board for appropriate action. Ordinarily this will be done by the district director. It is not necessary in cases where remand has been ordered by a court for the Service to make a formal motion to the Board for remand. The foregoing procedure applies only where the final administrative order under judicial review was entered by the Board. Cases where the final administrative order under judicial review was entered by a Service officer should not be sent to the Board upon remand from a court. (A
dded)