EOIR Adds Three New Board of Immigration Appeals Members

Introduction

On April 1, 2020, the Executive Office for Immigration Review (EOIR) published an interim rule expanding the size of the Board of Immigration Appeals (BIA) from 21 members to 23 [PDF version]. The rule took effect that same day.

On May 1, 2020, the EOIR announced the investiture of three new members of the BIA [PDF version]. Each of the three new members was appointed by U.S. Attorney General William P. Barr. The BIA, which has delegated authority from the Attorney General, is the highest administrative review body for interpreting the immigration laws [PDF version]. Please see our immigration precedent index to read running list of articles about significant BIA decisions [see index].

In this article, we will examine the resumes of each of the three new members of the BIA.

New Members of the Board of Immigration Appeals

Philip J. Montante, Jr., Board Member

2018-Present, 2001-2007: Member of the President’s Commission on White House Fellowships.
2019-2020: Assistant chief immigration judge, based in Buffalo, New York.
2018-2019: Immigration judge on the Buffalo Immigration Court and the Batavia Immigration Court.
2016-2018: Immigration judge on the Orlando Immigration Court.
1997-2016: Immigration judge on the Buffalo Immigration Court.
1990-1997: Appointed by Attorney General Richard L. Thornburgh to serve as an immigration judge on the Miami Immigration Court.
1975-1990: Private practice.
1975-1979: Member, and chairman, of the Judicial Nominating Commission in Florida
1975-1976: Special assistant attorney general in Broward County, Florida; Chief municipal court judge in Broward County.
1971-1975: Various positions in the state attorney’s office for the 17th judicial circuit of Florida.
1971: Earned Doctor of Jurisprudence from Samford University.

Aaron R. Petty, Board Member

2015-2020: Counsel for national security and senior counsel for national security, District Court Section, Office of Immigration Litigation, Civil Division, Department of Justice.
2009-2015: Trial attorney and counsel for national Security, Appellate Section, Office of Immigration Litigation, Department of Justice.
2007-2009: Law clerk for the United States Court of Appeals for the Seventh Circuit.
2007: Juris Doctor from the University of Michigan Law School.

Kevin W. Riley, Board Member

2009-2020: Appointed by Attorney General Eric Holder as immigration judge for the Los Angeles Immigration Court.
2003-2009: Assistant chief counsel and deputy chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles.
1995-2003: Assistant district counsel with the former Immigration and Naturalization Service in Los Angeles.
1994: Law clerk at the U.S. Attorney’s Office for the District of Nevada.
1995: Juris Doctor from UCLA School of Law.