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What is the Board of Immigration Appeals (BIA)?
In deportation proceedings, the immigrant or the government can appeal various decisions of an Immigration Judge before the Board of Immigration Appeals (BIA). BIA is part of the Office of the Executive for Immigration Review, a division of the Department of Justice (DOJ). The DOJ is a separate federal agency from the Department of Homeland Security (DHS). United States Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) are part of DHS.
What does the BIA do?
The BIA has control over various types of immigration actions, arising from the decision of an immigration judge, including, but not limited to, the following:
Decisions in deportation (removal) proceedings.
Cancellation of removal.
Bond, parole, or other detention determinations;
Cancellation (rescission) of adjustment of status; and
Denial of I130 family-based visa petitions, among others.
How are the federal courts involved?
If judicial review is allowed, the location of the immigration court where removal proceedings took place determines which US Circuit Court of Appeals has control of the case.
What should I do if I want to appeal?
Appeals to the Board of Immigration Appeals (BIA) and to federal courts require detailed knowledge of relevant court decisions and interpretations of immigration law. At Alami Law, we recommend that a migrant considering an appeal schedule a consultation by calling us at 1-888-392-5860.