\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 10 An Overview of the Adjudication Process. \ 10.14 Directed Decisions.
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10.14 Directed Decisions.
[(b)(2) or (b)(7)(E)]
If a directed decision involves unusually complex or novel issues of law or fact, the supervisory officer may certify the directed decision to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). A case may be certified to the AAO or the BIA for appellate review "only after an initial decision is made."
8 CFR 103.4(a)(4)
. The initial decision should clearly state the unusually complex or novel issue of law or fact, if applicable, to be reviewed by the appellate authority. By itself, a disagreement between officer and supervisor does not necessarily establish unusual complexity or novelty. For more details on the certification process, see
AFM Chapter 10.18