BIA Appeals & Circuit Courts of Appeals

  1. The Board of Immigration Appeals

The Board of Immigration Appeals or BIA appeals refer to the process of appealing decisions made by immigration judges in the United States to the Board of Immigration Appeals (BIA), which is the highest administrative body for interpreting and applying immigration laws. When individuals are dissatisfied with the outcome of their immigration court proceedings, they have the option to appeal to the BIA in an effort to seek a reversal or modification of the immigration judge’s decision. The BIA appeals also can review and decide denials from the USCIS.

The BIA reviews the record of proceedings, the written briefs, and any oral arguments presented before issuing a decision on the appeal. The BIA may affirm the immigration judge’s decision, reverse the decision, remand the case back to the immigration court for further proceedings, or issue other appropriate relief. Examples of cases that may be appealed to the BIA include:

  • Denials of applications for asylum, withholding of removal, or relief under the Convention Against Torture (CAT)
  • Orders of removal (deportation) issued by U.S. immigration judges
  • Denials of adjustment of status applications or other forms of relief from removal
  • Decisions regarding motions to reopen or reconsider immigration court proceedings

            If you are facing a challenging immigration situation or have received an unfavorable decision from either an immigration judge or USCIS, we are here to provide you with experienced legal representation and guide you through the BIA appeals process. Our firm is committed to fighting for your rights and helping you achieve the best possible outcome for your case.

B. U.S. Circuit Court of Appeals

The U.S. Circuit Courts of Appeals have the authority to review final decisions issued by administrative agencies, such as the BIA in immigration cases. This includes appeals of removal orders, asylum denials, and other immigration-related matters. The federal Circuit Court reviews the administrative record, legal arguments, and briefs submitted by the parties to determine whether the decision was legally correct and supported by substantial evidence. Overall, the U.S. Circuit Courts of Appeals serve as an important check on the decisions of administrative agencies in immigration matters, ensuring that individuals receive fair and just treatment under the law and that legal standards are upheld in the adjudication of immigration cases.

Although our jurisdiction is located within the Sixth Circuit Court of Appeals, our maybe able to assist in matters across the nation. Contact our office to see how we can assist you in your matter.