1. What is the mission of the Board of Immigration Appeals (BIA)?

The mission of the Board of Immigration Appeals (BIA) is to provide fair and impartial appellate review of immigration cases and promote consistency in the interpretation and application of immigration laws. The BIA aims to ensure that decisions made by immigration judges are in accordance with applicable law, regulations, and precedent decisions, and that the rights of all parties involved are fully protected.

2. Who has the authority to refer a deportation case to the Board of Immigration Appeals (BIA)?

The Immigration and Nationality Act (INA) gives the authority to refer a deportation case to the Board of Immigration Appeals (BIA) to the Department of Justice’s Executive Office for Immigration Review (EOIR). This can be done by the Director of the EOIR, an immigration judge, or a DHS attorney.

3. What is an administrative appeal to the Board of Immigration Appeals (BIA) and how does it work?

An administrative appeal to the Board of Immigration Appeals (BIA) is a process for challenging an immigration judge’s decision in removal/deportation cases or other certain decisions made by the Department of Homeland Security.

The BIA is part of the U.S. Department of Justice and is responsible for hearing appeals from various decisions made by DHS officers and immigration judges. The BIA has the power to affirm, reverse, modify, or remand immigration judge decisions.

To initiate an administrative appeal to the BIA, the individual must file a Notice of Appeal with the BIA within the specified time frame indicated on the decision. This filing must include a written brief explaining why the individual believes the decision should be reversed or modified.

The BIA then reviews all documents submitted by both parties before issuing a written decision. In some cases, the BIA may request additional documentation or schedule oral arguments before making a final decision.

If an individual disagrees with the BIA’s decision, they may seek review from a federal court through a petition for review. However, this step can only be taken after all administrative remedies have been exhausted through appealing to the BIA.

4. What is a Motion to Reopen a deportation case before the Board of Immigration Appeals (BIA)?

A Motion to Reopen is a request made to the Board of Immigration Appeals (BIA) to reconsider a decision in a deportation case. This motion must provide new evidence or show that there were errors made in the previous proceedings that would warrant reopening the case. The BIA has discretionary power to grant or deny a Motion to Reopen, and it must be filed within 90 days of the original decision. This allows individuals who may have been ordered deported to present new evidence or arguments that could potentially change the outcome of their case.

5. What is the standard of review used by the Board of Immigration Appeals (BIA)?

The standard of review used by the Board of Immigration Appeals (BIA) is deferential, meaning that it gives significant weight to the decisions made by immigration judges. The BIA will only reverse or modify an immigration judge’s decision if it is found to be clearly erroneous, without any evidence to support it, contrary to law or regulation, or an abuse of discretion. In cases involving interpretation of law or policy, the BIA will give deference to the interpretations made by the administrative agency responsible for administering and enforcing immigration laws. This standard allows for consistency and uniformity in decision-making within the immigration system.

6. How does filing an appeal to the Board of Immigration Appeals (BIA) impact a deportation case?

Filing an appeal to the Board of Immigration Appeals (BIA) can have a significant impact on a deportation case. The BIA is the highest administrative body for interpreting and applying immigration laws, and it has the authority to review and revise decisions made by immigration judges at the lower level.

1. Delaying deportation: One of the primary impacts of filing an appeal with the BIA is that it can delay or pause deportation proceedings. Once an appeal is filed, the BIA will review the case and issue a decision. This can buy the individual more time in the United States while their case is being reviewed.

2. Reversing a deportation order: If the BIA finds that there were errors or legal issues in the original deportation order, it may reverse or vacate that order. This means that instead of being deported, the individual will be allowed to remain in the United States.

3. Granting relief from deportation: In some cases, the BIA may find that there are humanitarian factors or other grounds for granting relief from deportation. This could include cancelation of removal, adjustment of status, or asylum.

4. Remanding back to immigration court: If there are issues with how a case was handled at the lower level, such as evidence not being properly considered or procedural errors, the BIA may remand (send back) the case to immigration court for further proceedings.

5. Setting precedent: The decisions made by the BIA in appeals cases can serve as precedent for future cases. This means that if a similar issue arises in another person’s case, they may be able to use this precedent to argue for a favorable outcome.

6. Finality of decision: Filing an appeal with the BIA is often seen as a last resort before seeking relief from higher courts, such as federal district courts or federal circuit courts of appeals. The decision made by the BIA is considered final within the immigration system, so it carries a lot of weight in determining the outcome of a deportation case.

7. What evidence must be submitted with an appeal to the Board of Immigration Appeals (BIA)?

The following evidence must be submitted with an appeal to the Board of Immigration Appeals (BIA):

1. Completed Notice of Appeal Form EOIR-26: This form serves as a notice of intent to appeal and must be filled out completely and accurately.

2. A copy of the Immigration Judge’s Decision: The decision issued by the Immigration Judge that is being appealed should be included in the appeal.

3. A Copy of any Supporting Documentation: Any documents or evidence that were submitted to the Immigration Judge during proceedings should be included with the appeal.

4. Proof of Filing Fee Payment or Fee Waiver Request: The filing fee for an appeal to the BIA is $110 unless a fee waiver is requested and approved.

5. Proof of Service: A certificate of service should be provided, showing that a copy of the Notice of Appeal was properly served on all parties involved in the case.

6. Written Argument or Brief: An argument explaining why the decision of the Immigration Judge was incorrect and should be overturned should also be included in the appeal.

7. Any Additional Relevant Evidence: Additional evidence that supports your case and was not previously presented to the Immigration Judge may also be submitted with the appeal.

8. Declaration Under Penalty of Perjury: A signed declaration stating that all information presented in the appeal is true and accurate under penalty of perjury must also be included.

8. What are the deadlines for filing an appeal with the Board of Immigration Appeals (BIA)?

The deadlines for filing an appeal with the Board of Immigration Appeals (BIA) vary depending on the type of case and the type of decision being appealed. Generally, the deadline is 30 calendar days from the date of the decision being appealed. Here are some common scenarios:

1. Appeal of a bond determination: The deadline is 30 days from the date of the bond determination.

2. Appeal of an immigration judge’s decision: The deadline is 30 days from the date of the judge’s decision or 21 days if you are in detention.

3. Appeal from a DHS denial of relief under the VAWA self-petitioning provisions: The deadline is within 33 days after service upon you by mail or personal service at your last address.

4. Appeals in U nonimmigrant visa cases, T nonimmigrant visa cases or Special Immigrant Juvenile (SIJ) petitions: There is no formal deadline to file this type of appeal, but it should be filed as soon as possible after receiving a negative decision.

It is important to note that these deadlines may be subject to extensions or exceptions depending on individual circumstances and eligibility for relief. It is best to consult with an immigration lawyer for specific guidance on your case.

9. How can an immigration attorney help with a deportation case before the Board of Immigration Appeals (BIA)?

An immigration attorney can assist with a deportation case before the BIA in several ways:

1. Understanding the Complex Legal Processes: Immigration law can be complex and confusing, especially for non-lawyers. An experienced immigration attorney will have a thorough understanding of the legal processes involved in deportation cases and can explain them to clients in simple terms.

2. Assessing Your Case: An immigration attorney can review your case and advise you on whether you have grounds for appeal or other forms of relief from deportation. They will also evaluate the evidence against you and advise you on potential strategies.

3. Gathering Evidence: To support your case, an experienced attorney will help you gather evidence, such as documents, witnesses, and expert testimony, to strengthen your arguments before the BIA.

4. Preparing Legal Briefs: Appellate briefs are essential documents that must be submitted to the BIA during a deportation appeal. A skilled attorney can draft these briefs effectively to present your case in a persuasive manner.

5. Presenting Oral Arguments: If there is an oral hearing scheduled before the BIA, an experienced immigration attorney can represent you and make strong arguments on your behalf.

6. Understanding Updated Laws/Regulations: Immigration laws are constantly changing. A knowledgeable immigration lawyer can stay up-to-date with current laws and regulatory changes that might impact your case.

7. Ensuring Deadlines Are Met: There are strict deadlines for filing appeals with the BIA. An experienced attorney will make sure all necessary documentation is submitted on time.

8. Appearing at Court Dates: An immigration lawyer will represent you at any court dates or hearings related to your deportation case before the BIA, making sure all procedures are followed correctly.

9. Negotiating With ICE or Other Government Agencies: In some cases, an immigration attorney may be able to negotiate with Immigration and Customs Enforcement (ICE) or other government agencies to seek alternatives to deportation, such as a voluntary departure or cancellation of removal.

Overall, having an experienced immigration attorney by your side during a deportation case before the BIA can greatly increase your chances of a favorable outcome and protection from removal. They can guide you through the complex legal process, advise you on potential strategies, and advocate on your behalf.

10. What legal standards must be satisfied in order to win an appeal with the Board of Immigration Appeals (BIA)?

In order to win an appeal with the Board of Immigration Appeals (BIA), the following legal standards must typically be satisfied:

1. Exhaustion of Administrative Remedies: The BIA requires that all available administrative remedies, such as appeals or motions to reopen, must be exhausted before it will consider an appeal.

2. Jurisdiction: The BIA has jurisdiction over appeals of decisions made by immigration judges in removal proceedings and certain decisions made by USCIS officers.

3. Timeliness: An appeal must be filed within the specified timeframe, usually 30 days after the decision is issued by the immigration judge or 33 days if mailed.

4. Merits: The appellant must present valid legal arguments demonstrating that the immigration judge’s decision was incorrect based on applicable law.

5. Evidence: In most cases, evidence presented on appeal is limited to evidence previously submitted during the proceedings. New evidence may only be considered in limited circumstances.

6. Prejudice: The appellant must show that any errors in the prior decision prejudiced their case and affected the outcome of their case.

7. Abuse of Discretion: The BIA will not overturn discretionary decisions made by an immigration judge unless there is a clear abuse of discretion.

8. Clear Error of Law or Fact: The BIA may overturn a decision if there is a clear error in applying relevant law or if there are specific facts that were overlooked or incorrectly analyzed.

9. Case Law: Decisions made by immigration judges and USCIS officers should be consistent with established case law and precedents set by previous BIA decisions and federal court rulings.

10. Adherence to Procedural Rules: All submissions to the BIA must comply with procedural rules and requirements, including proper formatting and citation of legal authorities.

11. How long does it take for the Board of Immigration Appeals (BIA) to make a decision on a deportation case?

The length of time it takes for the Board of Immigration Appeals (BIA) to make a decision on a deportation case can vary, depending on various factors such as the complexity of the case, the workload of the BIA, and whether there are any procedural issues or appeals involved. In general, it can take several months to several years for the BIA to issue a decision. In some cases, it may also be possible to request an expedited review from the BIA.

12. Who determines the outcome of an appeal before the Board of Immigration Appeals (BIA)?

The Board of Immigration Appeals (BIA) is responsible for determining the outcome of an appeal before them. The BIA is an administrative appellate body within the Executive Office for Immigration Review (EOIR) and has the authority to review certain decisions made by immigration judges and Service Center directors. The BIA is composed of up to 23 immigration judges who are appointed by the U.S. Attorney General.

13. What happens if a decision issued by the Board of Immigration Appeals (BIA) is appealed?

If a decision issued by the Board of Immigration Appeals (BIA) is appealed, it will be reviewed by the federal Court of Appeals for the circuit where the BIA is located. The Court of Appeals will review the case and make a decision on whether to uphold, overturn, or remand the BIA’s decision. If either party disagrees with the Court of Appeals’ decision, they can request further review from the United States Supreme Court.

14. Is there any recourse if a decision issued by the Board of Immigration Appeals (BIA) is unfavorable?

Yes, there are a few possible avenues for recourse if a decision issued by the Board of Immigration Appeals (BIA) is unfavorable. These include:

1. Motion to Reopen or Reconsider – A motion to reopen or reconsider can be filed within 30 days of the BIA’s decision if new evidence or legal argument is available that was not previously presented.

2. Administrative Appeals Office (AAO) – If an appeal was based on an immigration judge’s decision, a petition for review can be made to the AAO within 30 days of the BIA’s final decision.

3. Federal Court Review – A petition for review can be filed in federal district court within 30 days of the BIA’s final decision.

4. Applications for Relief – Depending on your specific case and circumstances, there may be other applications for relief available under immigration law. It is important to consult with an experienced immigration attorney to determine all possible options.

5. Stay of Removal – A request for a stay of removal can be made to prevent immediate deportation while pursuing other forms of recourse.

It is important to note that these options may have varying eligibility requirements and time limitations, so it is crucial to act quickly and seek guidance from an experienced immigration attorney.

15. Are there any special considerations for juveniles who file an appeal with the Board of Immigration Appeals (BIA)?

Yes, there are several special considerations for juvenile immigrants who file an appeal with the Board of Immigration Appeals (BIA):

1. Appointment of a guardian ad litem: Juveniles under the age of 18 are not able to represent themselves in immigration proceedings and must have a guardian ad litem appointed by the BIA to act on their behalf.

2. Child-friendly procedures: The BIA has implemented child-friendly procedures to ensure that juvenile appeals are handled in a sensitive and age-appropriate manner, such as allowing communication through video conferences or written correspondence instead of appearing in court.

3. Special protections for unaccompanied minors: Unaccompanied minors (juveniles without legal status in the U.S. and without a parent or guardian to provide care and supervision) may be eligible for special protections under federal law, including being placed in the custody of the Office of Refugee Resettlement and having access to legal counsel.

4. Age-out protection: When a juvenile’s application is filed before they turn 21, they may still be eligible for immigration relief even if they turn 21 while their case is pending with the BIA.

5. Privacy protections: The BIA is required to protect the privacy of juvenile appellants, including limiting public access to their records.

6. Consideration of best interests: In cases involving juveniles, the BIA is required to take into consideration what is in the best interests of the child when making decisions on their appeal.

7. Potential eligibility for asylum or other forms of relief: Juvenile applicants may be eligible for asylum or other forms of humanitarian relief based on their age and circumstances, which should be considered by the BIA during their appeal process.

16. What options are available if an immigrant is facing imminent deportation while their appeal to the Board of Immigration Appeals (BIA) is pending?

If an immigrant is facing imminent deportation while their appeal to the Board of Immigration Appeals (BIA) is pending, they may have a few options available to them:

1. Motion to Stay of Removal: The immigrant can file a motion to stay their deportation with the BIA. This requests a temporary postponement of the deportation until a decision is made on the appeal.

2. Motion to Reopen or Reconsider: The immigrant can file a motion to reopen or reconsider their case with the BIA. This asks for a review of new evidence or legal arguments that were not available at the time of the original hearing.

3. Petition for Review: If the immigrant has already exhausted all administrative remedies, they can file a petition for review with the appropriate U.S. federal court of appeals.

4. Stay of Removal from Federal Court: In some cases, if the petition for review is still pending and there are compelling reasons why the person should remain in the country during this time, they can request a stay from federal court to prevent their removal until a decision is made on their case.

5. Request Prosecutorial Discretion: The immigrant can ask ICE (Immigration and Customs Enforcement) to exercise prosecutorial discretion by not enforcing their removal order due to humanitarian reasons or ties to family in the United States.

6. Seek Legal Counsel: It is important for immigrants facing imminent deportation to seek legal counsel as soon as possible. An experienced immigration attorney may be able to advise on other options or strategies that could help prevent or delay deportation, such as filing for asylum, cancellation of removal, or obtaining lawful permanent residence through sponsorship by a family member.

Note: These options may not guarantee protection from deportation and each case is unique. It is important for immigrants facing deportation to consult with an immigration attorney before taking any action.

17. How will changes in immigration law affect appeals heard by the Board of Immigration Appeals (BIA)?

Changes in immigration law may affect appeals heard by the Board of Immigration Appeals (BIA) in a few ways:

1. Changes to eligibility for certain forms of relief: If changes are made to the eligibility criteria for certain forms of relief, it could impact the types of appeals that come before the BIA. For example, if a new law is passed that makes it more difficult for individuals with certain criminal convictions to qualify for cancellation of removal, there may be an increase in appeals related to this form of relief.

2. Changes to filing deadlines or procedures: Changes to filing deadlines or procedures could result in more cases being appealed to the BIA. For example, if a new law shortens the deadline for filing an appeal, there may be an increase in appeals as individuals rush to meet the new deadline.

3. Impact on backlog and processing time: If there are significant changes in immigration law that result in a large number of new cases being appealed to the BIA, this could significantly impact the backlog and processing time for appeals. The BIA may have to prioritize certain types of cases or implement new procedures to manage the increased workload.

4. Impact on BIA decisions: Changes in immigration law can also directly impact decisions made by the BIA. They may have to review and reconsider their previous decisions based on new laws or changes in interpretation of existing laws.

5. Effect on appeals from court decisions: The BIA also hears appeals from immigration court decisions. Changes in immigration law can affect these decisions and potentially lead to more cases being appealed or overturned at the BIA level.

Overall, changes in immigration law can have a significant impact on appeals heard by the BIA, potentially affecting case volume, backlog and processing times, and decision outcomes. This highlights the importance of staying updated on any changes in immigration laws and how they may affect one’s case if it goes before the BIA.

18. Are there any specific reasons why an appeal may be denied by the Board of Immigration Appeals (BIA)?

Yes, there are several reasons why an appeal may be denied by the Board of Immigration Appeals (BIA):

1. Lack of legal basis: The BIA may deny an appeal if it finds that there is no legal basis for the appeal. This means that the appeal does not raise any valid legal issues or arguments.

2. Failure to exhaust administrative remedies: Before filing an appeal with the BIA, an individual must first go through all available administrative remedies, such as filing a motion to reopen or reconsider with the immigration court or USCIS. If these options were not pursued before filing an appeal, the BIA may deny it.

3. Timeliness: An appeal must be filed within a specific timeframe after a decision is made by the immigration court or USCIS. If it is filed too late, the BIA may deny it as untimely.

4. Failure to comply with procedural requirements: The BIA has certain rules and procedures that must be followed in order for an appeal to be considered. If these rules are not met, such as failing to properly file or serve documents, the BIA may deny the appeal.

5. Insufficient evidence: An appeal must provide sufficient evidence to support its arguments. If there is not enough evidence presented, the BIA may deny the appeal.

6. Previous adverse decisions: If there have been previous adverse decisions on similar issues in other cases, this can impact the outcome of an appeal and result in its denial by the BIA.

7. Clear error of law/fact: The BIA will not overturn a decision unless there was a clear error of law or fact in the original decision-making process.

8 . Strong presumption of validity: There is a strong presumption of validity given to decisions made by immigration judges and USCIS officers, and thus it can be difficult to successfully reverse these decisions on appeal.

19. Are there any resources available to those considering filing an appeal with the Board of Immigration Appeals (BIA)?

Yes, the BIA offers resources on their website for individuals considering filing an appeal. These resources include information on the appeals process, forms and instructions, and a list of frequently asked questions. Additionally, individuals may consult with an immigration attorney or accredited representative for guidance and assistance with filing their appeal.

20. Are there any tips for presenting arguments before the Board of Immigration Appeals (BIA)?

1. Understand the BIA’s role: The BIA is responsible for reviewing decisions made by immigration judges. It is important to keep in mind that the BIA is not the initial decision-maker and their decision will largely be based on whether there were any legal errors in the original decision.

2. Research case law and relevant regulations: Before presenting arguments, it is crucial to thoroughly research case law and relevant statutes or regulations that may support your position. This will help you build a stronger argument.

3. Focus on legal arguments: The BIA is primarily concerned with the legal aspects of a case rather than emotional or personal factors. Therefore, it is important to structure your arguments around legal principles and precedents.

4. Be organized and concise: The BIA receives a large volume of cases, so it is important to present your arguments in a clear and concise manner. Use headings, subheadings, and numbered paragraphs to make your arguments more organized and understandable.

5. Use language that the Board will understand: Avoid using technical terms or jargon that may not be familiar to the Board members. Instead, use simple, clear language that is easy to follow.

6. Follow formatting guidelines: Make sure to follow the formatting guidelines set by the BIA for briefs and motions. This includes using standard font sizes and margins.

7. Provide evidence to support your arguments: It is important to provide evidence such as documents, affidavits, or expert opinions to support your arguments before the BIA.

8. Address potential weaknesses in your case: Acknowledge any weakness in your case and provide counterarguments or explanations to address them proactively.

9. Remain respectful: While presenting arguments before the BIA, always remain respectful towards the Board members even if you disagree with their previous decisions or questions they ask you.

10.Verbally summarize written briefs/motions: During oral argument before the BIA, it is helpful to briefly summarize your written arguments. This will keep the Board members focused and help reinforce your key points.

11. Know the BIA panel: Familiarize yourself with the Board members who will be reviewing your case. Look up their backgrounds and past decisions to understand their viewpoints on certain issues.

12. Practice and rehearse: It is recommended to practice presenting your arguments before a mock panel or a trusted colleague. This will help you identify weak spots in your arguments and improve your delivery.

13. Consider using visuals: If appropriate, use visual aids such as maps, diagrams, or timelines to make complex information more comprehensible to the Board members.

14. Be prepared for questions: The BIA may have questions about your arguments or ask for clarification on certain points. Be prepared to answer these questions confidently and accurately.

15. Stick to relevant facts and law: Avoid including irrelevant facts or making emotional appeals in your arguments before the BIA. Stick to relevant facts that support your legal arguments.

16. Use precedent cases wisely: While citing precedent cases can strengthen your argument, it is important not to rely solely on them. Instead, use them as a guide to support your own unique legal argument.

17. Stay organized during oral argument: Keep track of time during oral argument and make sure to cover all the key points within the allotted time frame.

18. Remain calm and composed: The BIA hearing can be nerve-wracking, but it is important to remain calm and composed throughout the process. This will help you present a more effective argument.

19. Practice active listening: Pay attention to questions asked by Board members and take brief notes if necessary before providing an answer.

20.Be confident but humble: Be confident in presenting your arguments but also show humility by acknowledging any valid points raised by opposing counsel or the Board members.