What Does the Board of Immigration Appeals Do?

What Does the Board of Immigration Appeals Do?

The Board of Immigration Appeals (BIA) is the highest appellate administrative body that interprets federal immigration law. The BIA is made up of as many as 17 board members, including a Chairman and Vice Chairman, who are responsible for managing BIA appeals. The U.S. AttorneyGeneral appoints members of the BIA. A part of the Executive Office for Immigration Review (EOIR), the BIA’s headquarters are located in Falls Church, VA. Some BIA decisions are made by a three-member panel of the BIA, but the vast majority of decisions are made by a single BIA member. Most appeals to the BIA involve orders of removal and applications for relief from removal, although they can involve other motions or decisions regarding immigration law matters, as well, including asylum and withholding of removal claims, criminal issues, and motions to reopen or change venue. The BIA typically conducts a paper review of decisions issued by immigration judges nationwide and certain decisions by the district directors of the Department of Homeland Security (DHS). On very rare occasions, the BIA hears oral arguments of cases sent to it on appeal. The BIA can affirm the decision of an immigration judge, reverse the decision, or remand the decision back to the immigration court for further proceedings. A BIA decision is binding on all immigration court judges and DHS officers unless a federal court or the Attorney General overrides the decision. In order to further appeal a BIA decision, then, you must file a request for review of the decision in federal court. Whether your case reaches the Board of Immigration Appeals or not, we are dedicated to providing you with the essential legal advice that you need in this type of situation. We are here to represent your interests before the immigration court and appeal any adverse decisions, if warranted. We devote all of our efforts to advocating on behalf of you and your family before the immigration court. Don’t hesitate to contact the Bay Area immigration lawyers of Landerholm Immigration, A.P.C., and set up your legal consultation today. We are here to help.
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