What is the Board of Immigration Appeals and How Will It Handle My Case?

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.