Successfully Filing an Appeal

Pasadena Immigration Appeal Lawyer

What is the Board of Immigration Appeals (BIA)?

In removal proceedings, either the immigrant or the government may appeal various decisions of an Immigration Judge to the Board of Immigration Appeals (BIA). The BIA is part of the Executive Office 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). The US Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) are part of the DHS.

What does the BIA do?

The BIA has control over various types of immigration actions, stemming from an immigration judge's decision, including, but not limited to, the following:

  • Decisions in deportation (removal) proceedings
  • Relief from removal
  • Waiver applications
  • Bond, parole or other detention determinations
  • Cancellation (rescission) of adjustment of status
  • Denial of I-130 family-based visa petitions among others

In some cases, the BIA's decisions are subject to judicial review by the federal courts.

How are federal courts involved?

If judicial review is allowed, the location of the immigration court where the removal proceedings took place determines which U.S. Circuit Court of Appeals has control over the case.

Related Blog

  • Preparing for the U.S. Citizenship Oath of Allegiance Ceremony

    Preparing for the U.S. Citizenship Oath of Allegiance Ceremony

      Oath of Allegiance – what is it? The Oath of Allegiance to the United States is a sworn declaration that every person applying for citizenship must recite during a formal ceremony – for him or her to become a naturalized citizen of the US. The following are the duties the person taking the oath … Continue reading "Preparing for the U.S. Citizenship Oath of Allegiance Ceremony"Read More »
  • Green Cards for Employment Based Immigrants

    Green Cards for Employment Based Immigrants

    Are you struggling to clear a path toward getting your green card? Alami Law is here to help you. We can provide you with the employment immigration attorney who can get you the green card you need to clear your way toward becoming a citizen of the United States. What Are the Categories for Employment … Continue reading "Green Cards for Employment Based Immigrants"Read More »
  • Why Don’t Immigrants Apply for Citizenship

    Why Don’t Immigrants Apply for Citizenship

    What stops immigrants from filling out the application for citizenship? Such a misguided suggestion fails to account for how no available regular channel exists for prospective immigrants, and you don’t have a channel whatsoever for unauthorized immigrants. You have unauthorized immigrants who have worked and lived in the United States for over 15 years. Many … Continue reading "Why Don’t Immigrants Apply for Citizenship"Read More »