Board of Immigration Appeals

The Process for Making Appeals to the BIA

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA is located within the Executive Office for Immigration Review (EOIR) headquarters in Falls Church, Virginia.

The BIA reviews decisions by immigration judges and has appellate jurisdiction over family-based immigrant petitions under INA §204(a) as well as orders of removal and applications for relief from removal, and motions to reopen and motions to reconsider of decisions previously rendered. In most cases, if the BIA affirms the lower court's decision, an appeal can be filed in the U.S. Court of Appeals.

The BIA Appeal Process

New Jersey Immigration Lawyer

Generally, the BIA decides the case on the papers (without a hearing), and oral arguments are scheduled in rare occasions. The BIA is directed to exercise its independent judgment in hearing appeals. BIA decisions designated for publication are printed in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws (INA) of the United States.

The Secretary of the Department of Homeland Security (DHS) delegates the authority to adjudicate appeals to the Administrative Appeals Office (AAO). On the other hand, the BIA hears appeals from decisions made by immigration judges and certain decisions of district directors of DHS.

Find Counsel for Your Immigration Matter

If you lost your case and you were ordered removed from the United States by an immigration judge, you must hire an experienced New Jersey immigration attorney to fight your case and file an appeal with the Board of Immigration Appeals. A notice of appeal must be filed with the BIA within 30 days of the immigration judge's decision.

At the Law Offices of Simone Bertollini, I have experience filing appeals to the BIA against orders of deportations, and against unfavorable decisions from USCIS District Directors on I-130 petitions. Please take a look at this recent I-130 appeal that was remanded to USCIS for further proceedings.

Contact our office today for a free initial consultation on your immigration appeal case!

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