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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 responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement.
Composed of 21 members appointed by the attorney general, BIA decisions are generally decided by panels of three of its members. [18] Unlike courts of appeals in the state and federal systems, the BIA rarely holds oral arguments on appeals. [19] Instead, the BIA conducts a "paper review" of the materials, before issuing a written decision.
Form I-290B, Notice of Appeal or Motion, can be used for three purposes: [2] To file an appeal with the AAO; To file a motion to reconsider a decision; To file a motion to reopen a decision; The key difference between appeals and motions is that appeals go to the AAO, i.e., a higher authority than the one that made the decision being appealed.
The rules surrounding it were only articulated in Board of Immigration Appeals (BIA) decisions. Some important decisions were: [3] Matter of Vargas-Molina (1971) recognized that an Immigration Judge (IJ) could discretionarily allow an alien to withdraw the application for admission during removal proceedings.
Of the USCIS immigration forms, decisions on the two forms Form I-130 (family-based immigration, the F and IR categories) and the widower subcategory for Form I-360 (special immigrants, the EB-4 category), must be appealed through the EOIR-29 (Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer) to the ...
Judulang v. Holder, 565 U.S. 42 (2011), is a decision by the Supreme Court of the United States involving deportation law and procedure. The case involved a rule adopted by the Board of Immigration Appeals for determining the eligibility of certain long-term resident aliens, when they are facing deportation because of a prior criminal conviction, to apply to the Attorney General for relief.
It is therefore critical that all the arguments and facts be presented in the original removal proceeding. BIA appeals are generally handled through paper, with physical hearings very rare. [4] Beyond the BIA, decisions may be appealed in the United States court of appeals for the jurisdiction where the removal proceeding was held. There is ...
The United States immigration courts, immigration judges, and the Board of Immigration Appeals, which hears appeals from them, are part of the Executive Office for Immigration Review (EOIR) within the United States Department of Justice. (USCIS is part of the Department of Homeland Security.) [7]