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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 ...
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.
Immigration court judges will have to follow the precedent from the Board of Immigration Appeals because it is binding, unless a federal appeals court or the U.S. Attorney General says otherwise.
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.
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 more flexibility regarding the sort of evidence that may be presented in these appeals but the court generally focuses on whether the original BIA decision was made correctly based on the ...
Forms are designated by a specific name, and an alphanumeric sequence consisting of a letter followed by two or three digits. Forms related to immigration are designated with an I (for example, I-551, Permanent Resident Card) and forms related to naturalization are designated by an N (for example, N-400, Application for Naturalization).