The Board of Immigration (BIA) Appeals

The Board of Immigration Appeals (BIA) is a part of the Executive Office for Immigration Review (EOIR). It has nationwide jurisdiction to hear appeals from decisions of immigration judges and Department of Homeland Security (DHS) officers. The BIA’s primary function is to ensure the uniform application of immigration laws across the United States. Its decisions are binding unless modified or overturned by the Attorney General or a federal court.

You can appeal to the BIA if you disagree with an immigration judge’s decision on your case. For example, if an immigration judge denies your asylum application, an application for adjustment of status, cancellation of removal, or other benefits, you may want to appeal the decision. Also, if you have been ordered to be removed from the United States, you can appeal the decision. The BIA can also review decisions regarding your bond amount or denial of your bond request.

The BIA appeals process involves several steps, each requiring careful attention to detail and adherence to a specific timeline. If you want to appeal to the BIA, you must appeal within 30 days of the judge’s decision. This must include the reasons for the appeal. You will be required to write a legal brief explaining why you think the judge’s decision was wrong. This is where you make your main arguments. The government can also submit a legal brief explaining why they believe the judge’s decision was correct. You can also include any documents or evidence that support your case. A filing fee is required for the appeal process, but you can ask for a fee waiver if you cannot afford it. The BIA will look at the record from the original hearing, your brief, and any new evidence. Sometimes, the BIA may request an oral argument, where your attorney presents the case and answers questions from the BIA. The BIA will make a decision to either agree with the judge, overturn the decision, or send the case back to the judge for more action.

Appealing to the BIA is a way to challenge a decision you think is wrong. While the process can be complicated, understanding the steps and getting help from an immigration attorney can improve your chances of success.

The attorneys at Tanner Law Offices can assist you with your case process or provide additional information. Please contact our office at (717) 731-8114 to schedule a consultation to discuss your case.