The
Board of Immigration Appeals
(BIA) is the highest administrative body that interprets and applies immigration
laws. It is a division of the U.S. Department of Justice, located in Falls
Church, VA. The BIA consists of up to 17 board members, including a Chairman
and Vice Chairman, who are responsible for managing the day-to-day operations
of the BIA. The U.S. Attorney General appoints the board members, who
are administrative judges. Rather than conduct actual hearings, the BIA
completes a documentary review of many types of decisions issued by immigration
judges or district directors of Department of Homeland Security (DHS)
that immigrants have appealed. The decision issued by the BIA is binding
on all DHS officers and immigration judges, unless the U.S. Attorney General
or a federal court overturns that decision. If a BIA decision is overturned,
it is usually due to a decision by a federal appellate court. Most appeals
that the BIA considers involve orders of removal or an immigrant’s
application for relief from an order of removal. Additionally, the BIA
considers cases involving the exclusion of immigrants from applying for
admission to the U.S., fines for violating immigration laws, and motions
to reopen and reconsider. In some cases, the decision does not go in your
favor, so you will want to appeal that adverse decision to the BIA. Even
if the decision does go in your favor and you get the relief that you
requested, the U.S. government also has the right to appeal the decision
to the BIA. In either situation, the BIA will consider the appeal in your
case. The BIA will look at all of the evidence that both sides presented
in your case, including the court transcripts of any hearings that took
place. After considering all of the evidence, the BIA will make a decision
in your case. At Landerholm Immigration, A.P.C., we know how to guide
you through your deportation proceedings and work toward avoiding deportation
altogether. Our experienced California deportation defense lawyers know
the ins and outs of federal immigration law and how best to defend you
in your deportation case. We know how to identify all of the defenses
that are available to you, based on the facts of your case, and obtain
the support needed to support those defenses.
Call our office today
and learn what the attorneys of Landerholm Immigration, A.P.C., can do
to help you and your family through this difficult time in your life.
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