A part of the Executive Office for Immigration Review (EOIR), which is a sub-agency in the United States Department of Justice, the Board of Immigration Appeals (BIA or the Board), is the highest administrative body for interpreting and applying immigration laws. The BIA has jurisdiction over cases decided by an immigration judge or USCIS and immigration arrests by Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). Typically, the BIA does not conduct courtroom hearings. Rather, it usually decides appelas by conduction a “paper review” of the case. However, on some occasions, the BIA might hear oral arguments of appealed cases at their headquarters in Falls Church, Virginia.

Motions appeals before the BIA require precise filings, detailed arguments, and well-written legal briefs. Having an immigration attorney experience in practicing the BIA is critically important as these cases are often highly complex, technical, and involve different standards of review than before the Immigration Court or USCIS. The BIA also has strict deadlines and often limits the applicant to only one appeal. For example, after an immigration judge makes a decision on a case, that person only has thirty days to file their appeal petition.

Having the right immigration attorney to ensure that the job is correctly done the first time better ensures success, plus having an attorney located near the BIA’s headquarters ensures timely submissions by mail or hand-filing. Therefore, if you have a decision that you are interest in appealing, contact VFN Immigrants First to help you meet your deadlines and craft strong appellate arguments.