Immigration Appeals

The BIA is an agency within the United States Department of Justice that hears immigration appeals. They can reverse immigration decisions or choose to affirm them depending on the appeal.

The Board of Immigration Appeals reviews appeals from:

  • U.S. Citizen and Immigration Services (USCIS)
  • U.S. Immigration and Customs Enforcement (ICE)
  • U.S. Immigration Courts

The BIA consists of up to 15 people, each of whom are appointed by the U.S. Attorney General. They are the highest immigration authority in the country next to either the Attorney General or a Federal Court.

How does the appeals process work?

The appeal process will more than likely happen in writing by a single judge. On rare occasions, there are three judges who will preside over the appeal. When the forms are received, you will be given a receipt confirming that the BIA received your documents.

Once you have gotten the receipt, a briefing will be set where you and your immigration attorney can file an opening brief within 30 days. The opposing side will do the same.

The appeals process will continue via mail correspondence unless you and your attorneys are called to oral arguments before the Board. Being called to be physically present in front of the BIA is rare and will more than likely not happen.