The BIA states that it generally seeks to adjudicate cases in no more than 180 days, however appeals can take between 8-18 months (depending on the novelty and complexity of the legal issues being reviewed). Although the BIA is not required to adjudicate appeals within a certain timeframe, the BIA strives to issue decisions as efficiently as possible. The record usually consists of (1) the documents that the government filed with the Immigration Court, (2) the documents that were filed with the court, (3) the transcripts from the hearings if it is an appeal of a removal order, and (4) the Immigration Judge’s decision. The Board will make its decision by reviewing the arguments presented in the appeal brief and the record from the removal case. Once the legal brief and supporting documents are submitted to the BIA, it considers the case. This briefing schedule sets forth the timeframe for submission of a legal brief describing arguments in support of the appeal. The process is as follows: following the filing of the Notice of Appeal, the BIA sends a briefing schedule to the foreign national or their attorney. BIA decisions are binding on all immigration judges and DHS officers.Ī summary of the two most common types of Board of Immigration Appeals–appeals of Immigration Judge decisions and appeals of USCIS denials of Form I-130–is provided below.īIA Appeal of an Immigration Judge’s Decision in CourtĪfter an Immigration Judge makes a final ruling on a case, the foreign national has thirty days to file an appeal to the Board of Immigration Appeals. The BIA decides each appeal on a case-by-case basis, affording each case the necessary time and consideration to ensure fairness. However, on rare occasions, the BIA has heard oral arguments at its Falls Church headquarters. Rather, a documentary review of appeal filings is conducted to review cases. The BIA’s typical proceedings do not include courtroom hearings. Under current law, the BIA may have up to 15 Board Members, including the Chairman and Vice Chairman. The BIA is located in Falls Church, Virginia and its size varies from time to time. For example, a USCIS denial of a family based petition (I-130) may be appealed to the BIA. Citizenship and Immigration Services (USCIS). Aside from Immigration Court decisions, the BIA also is responsible for hearing appeals stemming from some of the decisions of the U.S. Some BIA decisions may be appealed to a U.S. The BIA can choose to affirm, reverse or remand the decision. For example, if an individual is ordered removed (“deported”) from the United States by an Immigration Judge, the BIA may review the decision of the judge. The BIA reviews the decisions of the Immigration Courts by interpreting federal immigration laws. The EOIR is an independent agency within the U.S. The Board of Immigration Appeals (“BIA”) is an administrative appellate body, and a part of the Executive Office of Immigration Review (EOIR). My Khurgel Immigration Law Firm Case Number is: K - Appealing an Immigration Court Removal Order or Denied I-130 to the BIA
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