Board of Immigration Appeals
Encyclopedia
The Board of Immigration Appeals ("BIA") is the part of the Executive Office for Immigration Review
that reviews the decisions of the Immigration Courts and some decisions of the U.S. Citizenship and Immigration Services. It is an administrative appellate body
that is part of the United States Department of Justice
. BIA decisions are the final administrative action in a given case. The next stage of appeal after a BIA decision is usually in the U.S. Court of Appeals, if an appeal is allowed by statute.
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 handbook explaining the accreditation and recognition process is available from the nonprofit Catholic Legal Immigration Network
(CLINIC).
A practice manual for appearing before the BIA is available from the U.S. Department of Justice.
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 15 Board Members under the current authorizing legislation. However, following the practice of appellate courts, many decisions of the BIA are by panels that are composed of only a few Board Members.
Executive Office for Immigration Review
The Executive Office for Immigration Review is an office of the United States Department of Justice and is responsible for adjudicating immigration cases in the United States. The EOIR oversees immigration courts in the United States through the Office of the Chief Immigration Judge...
that reviews the decisions of the Immigration Courts and some decisions of the U.S. Citizenship and Immigration Services. It is an administrative appellate body
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
that is part of the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. BIA decisions are the final administrative action in a given case. The next stage of appeal after a BIA decision is usually in the U.S. Court of Appeals, if an appeal is allowed by statute.
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 handbook explaining the accreditation and recognition process is available from the nonprofit Catholic Legal Immigration Network
Catholic Legal Immigration Network
Catholic Legal Immigration Network, Inc. is the nation’s largest network of non-profit immigration programs....
(CLINIC).
A practice manual for appearing before the BIA is available from the U.S. Department of Justice.
The BIA is located in Falls Church, Virginia
Falls Church, Virginia
The City of Falls Church is an independent city in Virginia, United States, in the Washington Metropolitan Area. The city population was 12,332 in 2010, up from 10,377 in 2000. Taking its name from The Falls Church, an 18th-century Anglican parish, Falls Church gained township status within...
, 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 15 Board Members under the current authorizing legislation. However, following the practice of appellate courts, many decisions of the BIA are by panels that are composed of only a few Board Members.
External links
- Board of Immigration Appeals
- Executive Office for Immigration Review
- List of Free Legal Service Providers (provided by the U.S. Department of Justice)