Manage A Complex BIA Appeals Process With Peace Of Mind
Knowing why your immigration case didn’t turn out in your favor can be complicated. You may feel as though your case should get reviewed to determine how fair it is. Depending on your circumstances, you may decide to bring your case to the Board of Immigration Appeals (BIA) for reevaluation.
Like federal immigration appeals, I have years of experience handling BIA immigration appeals and stand with my clients to help them seek a more desirable outcome.
What Is The Board Of Immigration Appeals?
The Board of Immigration Appeals (BIA) is the highest-ranking administrative body for interpreting and applying immigration laws in the United States. It’s part of the Executive Office of Immigration Review (EOIR), which is an independent agency within the Department of Justice (DOJ). EOIR adjudicates immigration cases by interpreting federal immigration laws.
How The EOIR Operates
The EOIR is made up of three divisions. Each serves a specific purpose:
- The Office of the Chief Immigration Judge: This is the organization that manages the immigration courts nationwide. Immigration judges preside over immigration courts and they are in charge of adjudicating individual cases every day.
- The BIA: Conducts appellate reviews of immigration judges’ decisions, and some decisions from USCIS district directors.
- The Office of the Chief Administrative Hearing Officer: Adjudicates immigration-related employment cases. After the United States Supreme Court, the BIA is the maximum immigration authority interpreting immigration laws in the United States. For this reason, BIA’s decisions are significant for explaining federal immigration statutes.
How BIA Appeals Work
Once the immigration judge (IJ) renders their final order, an immigrant has 30 days to appeal that decision before the BIA. The process is as follows:
- The immigrant files the notice of appeal with its respective payment
- The BIA is going to send a briefing schedule
- The briefing schedule allows immigrants to submit a legal brief describing their arguments supporting the appeal.
- The appeal could get dismissed if the immigrant does not send their legal brief on time. This means the immigrant loses their case and the case is concluded. If the immigrant submits their legal brief, the BIA will take some time to decide.
- Once the BIA renders its decision, the immigration case is technically over.
In some cases, when the decision is adverse to the immigrant, immigrants may appeal before the U.S. Federal Court for the Circuit where the immigrant resides. This federal appeal must be filed within 30 days after the BIA renders its decision. The BIA appeals process takes about eight to 12 months. In some cases, it can take longer, depending on the complexity of the legal issue under review.
You Don’t Need To Navigate BIA Appeals Alone
I can help immigrants with their appeals before the BIA, as I have extensive experience working with these types of appeals. As your attorney, I can file the notice of appeal, research, study, prepare and file your legal briefs promptly. In addition to the appeals, I can represent clients in their motions to reopen before the BIA.
Certain concluded BIA appeals might be reopened depending on the facts and circumstances of each case. I will analyze your case and determine whether a motion to reopen can be filed. If a motion to reopen is filed and granted, the case may be remanded to the IJ for further adjudication. For instance, an immigrant who was ordered deported a long time ago and whose appeal was dismissed, later married a U.S. citizen and has an approved I-130 may file a motion to reopen their case and have it remanded to the IJ for adjustment of status. Every case must be analyzed according to its facts.