Board of Immigration Appeals

Board of Immigration Appeals in the United States

The Board of Immigration Appeals (BIA) is part of the Executive Office for Immigration Review (EOIR), a division of the U.S. Department of Justice. The BIA handles appeals by immigrants or the U.S. Citizenship and Immigration Service or USCIS (formerly the INS) from decisions of individual immigration judges.

Legal Materials

Published Decisions: The Board issues “Interim Decisions” (I.D.). Selected decisions of precedential value are published in Administrative Decisions under Immigration & Nationality Laws. Administrative Decisions are posted back to Volume 8 (1955) in theEOIR Virtual Law Library. In addition, published decisions are searchable from 1940 on Lexis (IMMIG;BIA) and Westlaw (FIM-BIA), and from 1996 on Versuslaw.

If you want to see how a BIA decision has been treated by subsequent decisions and the courts, you can Shepardize the citation on Lexis, or run the citation through KeyCite on Westlaw.

Unpublished Decisions: “Non-precedential” BIA decisions back to 1985 are searchable on Lexis (IMMIG;BIAAAU). A few significant but non-precedential “Indexed Decisions” are posted in the EOIR Virtual Law Library. Selected unpublished opinions are included in Westlaw’s BIA decision database (FIM-BIA). Selected unpublished opinions are included in Westlaw’s BIA decision database (FIM-BIA).

Procedure: BIA practice and procedure is explained in the BIA Practice Manual.

See Also

Immigration
United States Department of Justice

Appeals Generally in relation to Immigration Courts

(information based on the DoJ Manual) The Board of Immigration Appeals has nationwide jurisdiction to review decisions of Immigration Judges. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.1, and Relationship to the Board of Immigration Appeals. Accordingly, appeals of Immigration Judges decisions should be made to the Board. Appeals of Immigration Judges decisions are distinct from motions to reopen or motions to reconsider, which are filed with the Immigration Court following a decision ending proceedings. See (in this American law platform, in relation to immigration courts and judges) Motions before the Immigration Court. This entry is limited to appeals from the decisions of Immigration Judges in removal, deportation, and exclusion proceedings. Other kinds of appeals are discussed in the following entries: Other Proceedings before Immigration Judges, Detention and Bond, Discipline of Practitioners. For detailed guidance on appeals, parties should consult the Board of Immigration Appeals American Encyclopedia of Law, which is available on the Executive Office for Immigration Review website .

Appeals Generally in relation to Immigration Courts

(information based on the DoJ Manual) The Board of Immigration Appeals has nationwide jurisdiction to review decisions of Immigration Judges. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.1, and Relationship to the Board of Immigration Appeals. Accordingly, appeals of Immigration Judges decisions should be made to the Board. Appeals of Immigration Judges decisions are distinct from motions to reopen or motions to reconsider, which are filed with the Immigration Court following a decision ending proceedings. See (in this American law platform, in relation to immigration courts and judges) Motions before the Immigration Court. This entry is limited to appeals from the decisions of Immigration Judges in removal, deportation, and exclusion proceedings. Other kinds of appeals are discussed in the following entries: Other Proceedings before Immigration Judges, Detention and Bond, Discipline of Practitioners. For detailed guidance on appeals, parties should consult the Board of Immigration Appeals American Encyclopedia of Law, which is available on the Executive Office for Immigration Review website .

Board of Immigration Appeals in Immigration Law

In this area of law, Board of Immigration Appeals means: The part of the Executive Office for Immigration Review that is authorized to review most decisions of Immigration Judges and some types of decisions of Department of Homeland Security officers.

Board of Immigration Appeals: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Board of Immigration Appeals. This part provides references, in relation to Board of Immigration Appeals, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Board of Immigration Appeals by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Board of Immigration Appeals and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Board of Immigration Appeals or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Board of Immigration Appeals and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Board of Immigration Appeals. Finding these decisions can be challenging. In many cases, researchers about Board of Immigration Appeals should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Board of Immigration Appeals when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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