Immigration Appeals (BIA only)

Immigration Appeals through a Phoenix Immigration Appeal Attorney

Appealing Your Case to the Board of Immigration Appeals

The Board of Immigration Appeals (BIA) is located in the Executive Office of Immigration Review at Falls Church, Virginia. It is the “highest administrative body for interpreting and applying immigration laws.”

Although the BIA hears oral arguments on rare occasions, its 15 board members are mainly responsible for reviewing the decisions of lower courts that are on appeal. This includes decisions from U.S. Citizenship and Immigration Services, Immigration Court judges and from Department of Homeland Security (DHS) bureau offices.

Once the BIA makes a decision, it is legally binding, meaning that all immigration judges and Department of Homeland Security officers must comply with the board’s decision, unless the decision is overturned in federal court, because of a lower court’s procedural violation. The U.S. Attorney General may also overturn a decision made by the Board of Immigration Appeals.

What Type of Cases are Heard by the BIA?

The BIA hears a variety of cases, including those pertaining to:

Orders of Removal/Deportation
Applications for Relief from Removal/Deportation
Alien exclusion from legal entry into the United States
Motions to Reopen or Reconsider Proceedings
Petition Denials by the USCIS
Classification of an Alien for Visa Purposes

Submitting an Appeal to the BIA

After an Immigration judge renders his decision, either orally or in writing, a party has the option of filing an appeal with the Board of Immigration Appeals. Once the party files his appeal with the BIA, the lower court is divested of its jurisdiction.

Because U.S. immigration Law is all we do, we keep current with the latest changes in immigration policy and law that have a direct impact on you. You can count on the Phoenix Immigration Appeal attorneys or phoenix immigration attorney at Maria Jones Law Firm to handle your removal or immigration case in the most efficient and professional manner possible. Please call us now at 602.626.3296 , to discuss how to appeal your case to the BIA.