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Board of Immigration Appeals

Board of Immigration Appeals
Seal of the Executive Office for Immigration Review
Agency overview
Jurisdiction Federal government of the United States
Headquarters Falls Church, Virginia
Agency executives
  • David L. Neal, Chairman
  • Charles Adkins-Blanch, Vice-Chairman
Parent agency Executive Office for Immigration Review, Department of Justice
Website Board of Immigration Appeals

The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice.

The BIA reviews the decisions of the U.S. immigration courts, some decisions of U.S. Citizenship and Immigration Services, and immigration violation arrests by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. BIA decisions are the final administrative action in a given case, and the next stage of appeal after a BIA decision is usually in the United States courts of appeals if an appeal is allowed by statute.

The BIA is located in Falls Church, Virginia, and, as of April 2009, had 14 board members, who are administrative judges appointed by the U.S. Attorney General. The size of the full BIA varies from time to time, depending on resignations, retirements and new appointments; it may have up to fifteen board members under the current authorizing legislation. Decisions issued by the BIA are by made up of three-member panels in limited circumstances.[1] Otherwise, the vast majority of cases are decided by single panel members.[2] A single panel member can also use a process called summary affirmance, used in 10 percent of cases (as of 2008), to affirm the lower court without issuing a written decision.[3]

The BIA is notable in that one need not be an attorney to appear before it representing a client. However, non-attorneys must be part of a BIA-recognized organization (generally a nonprofit), and also have obtained BIA accreditation as individuals. A practice manual for appearing before the BIA is available from the U.S. Department of Justice. A handbook explaining the accreditation and recognition process is available from the nonprofit Catholic Legal Immigration Network (CLINIC).

References

  1. ^ 8 C.F.R. 1003.1(e)(6)
  2. ^ 8 C.F.R. 1003.1(e)(5)
  3. ^ 8 C.F.R. 1003.1(e)(4); Fact Sheet: BIA Restructuring and Streamlining Procedures; Fact Sheet: EOIR’s Improvement Measures –– Progress Overview

External links

  • Board of Immigration Appeals
  • Decisions of the Board of Immigration Appeals
  • Executive Office for Immigration Review
  • List of Free Legal Service Providers provided by the U.S. Department of Justice


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