Executive Office for Immigration Review Board of Immigration Appeals

The Board of Immigration Appeals ("BIA") is an administrative appellate trunk that is function of the U.S. Department of Justice. BIA decisions are the final authoritative action in a removal proceeding.  Nonetheless, most BIA decisions can exist appealed to a U.South. Courtroom of Appeals.

The BIA may be assert the decision of an Immigration Gauge.  Alternatively, the Board may either reverse or remand a Judge'due south decision.

The jurisdiction of the BIA extends beyond removal proceedings.  For instance, if the USCIS denies an I-130 family-based petition, the petitioner may appeal to the BIA.  If the BIA affirms the denial, the appeal is not to the Court of Appeals but to the Federal District Court.  Attorney Shusterman one time traveled to Falls Church, Virgina to fence an appeal before the BIA of a decision by the INS District Manager in Buffalo, New York who had denied a nonimmigrant visa waiver for our client who was a Canadian citizen.  The BIA panel overturned the deprival, and ruled unanimously in favor of our client.

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"We hired an immigration chaser from the Law Offices of Carl Shusterman when my husband faced deportation proceedings. He had a tremendously complicated case, yet they were able to reopen it by the BIA and follow through to stop by acquiring a dark-green card for him. His attorney was Jennifer Rozdzielski. She is highly ethical, professional, trustworthy, and attentive. Jennifer fabricated our dreams come true past helping go on our family together. Would highly recommend."

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There are now about xxx volumes of BIA precedent decisions, all of which we link to from this folio. Nosotros besides link to unpublished BIA decisions. Although unpublished decisions practise not establish precedents, they can be very useful in preparing your case.

The BIA allows certain non-attorneys to represent clients. Withal, non-attorneys must be part of a BIA-recognized organization (generally a nonprofit), and must have obtained BIA accreditation.

A practice transmission for appearing before the BIA is available from the U.Southward. Department of Justice.

Board of Immigration Appeals

The Lath of Immigration Appeals (BIA) is the highest administrative torso for interpreting and applying immigration laws. Information technology is authorized 23 Appellate Immigration Judges, including a Chief Appellate Immigration Judge and one or two Deputy Master Appellate Immigration Judges. The BIA is located at EOIR headquarters in Falls Church building, Virginia. Generally, the BIA does not conduct court proceedings – it decides appeals by conducting a "paper review" of cases. On rare occasions, still, the BIA hears oral arguments of appealed cases, predominately at headquarters.

The BIA has been given nationwide jurisdiction to hear appeals from sure decisions rendered by Immigration Judges and by district directors of the Department of Homeland Security (DHS) in a broad variety of proceedings in which the Regime of the United states of america is one political party and the other party is an alien, a citizen, or a business organization business firm.

BIA decisions are binding on all DHS officers and Immigration Judges unless modified or overruled by the Chaser Full general or a federal court. Near BIA decisions are field of study to judicial review in the federal courts. The majority of appeals reaching the BIA involve orders of removal and applications for relief from removal. Other cases before the BIA include the exclusion of aliens applying for admission to the Us, petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of immigration laws, and motions for reopening and reconsideration of decisions previously rendered.

The BIA is directed to exercise its independent judgment in hearing appeals for the Attorney Full general. BIA decisions designated for publication are printed in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the U.s.a..

General Information – Lath of Clearing Appeals

  • Lath of Immigration Appeals
  • Members of the Board of Immigration Appeals
  • Courtroom Rules on Standard of Proof for Inadmissible LPR in Removal Proceedings
  • Precedent Decisions of the BIA
  • BIA Precedent Chart
  • Unpublished BIA Decisions
  • Board of Immigration Appeals Practice Transmission
  • Ofttimes Requested FOIA Records From the BIA
  • EOIR Announces New BIA Chairman (five-29-twenty)
  • EOIR Proposes Interim Concluding Rule to Add together 2 Members to BIA (3-31-20)
  • Chaser Full general Holder Appoints BIA Member Forced Off the Lath by former AG Ashcroft (August 3, 2009)
  • Five New Members Appointed to the BIA (May 30, 2008)
  • Chaser General's Memo to BIA – January ix, 2006
  • Summary and Conclusions Re: BIA Reform Study (Oct 2003)
  • Regulations To Revamp BIA (Effective 9-25-02)
  • Justice Department Press Release: Regulations To Revamp BIA
  • Justice Department Fact Sheet: Regulations To Revamp BIA

Practice ADVISORIES – Board of Immigration Appeals

  • Standards of Review Applied past the Board of Immigration Appeals (4-22-xx)
  • Administrative Closure Post-Castro-Tum (x-22-19)
  • The Nuts of Motions to Reopen EOIR-Issued Removal Orders (two-07-xviii)
  • Strategies to Avert Stopping the Asylum Clock (ii-28-06)
  • Staying The Voluntary Departure Period When Filing A Motion To Reopen (12-sixteen-05)
  • EOIR Background and Security Check Regulations–Effective April 1, 2005 (4-six-05)

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Source: https://www.shusterman.com/board-of-immigration-appeals/

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