🏛 What Is the BIA?
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying U.S. immigration laws. It is part of the Executive Office for Immigration Review (EOIR) under the U.S. Department of Justice.
The BIA reviews decisions made by immigration judges and some decisions by the Department of Homeland Security (DHS).
👨⚖️ What Types of Cases Does the BIA Hear?
The BIA handles appeals of immigration judge decisions involving:
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Removal (deportation) orders
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Asylum and withholding of removal
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Cancellation of removal
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Adjustment of status
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Waivers of inadmissibility
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Bond and custody determinations
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Denials of motions to reopen or reconsider
📝 Who Can Appeal?
Anyone who has received a final decision from an immigration judge—including individuals facing deportation—can generally file an appeal to the BIA.
Time-sensitive: You must file within 30 calendar days from the immigration judge’s decision. No extensions are granted.
📄 How to File an Appeal
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Submit Form EOIR-26 (Notice of Appeal).
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Pay the filing fee (or request a fee waiver).
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Include detailed arguments or submit a written brief later.
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Await decision, which may take several months or more.
Note: The BIA does not conduct new trials—it reviews the record of the original case.
🔁 What Happens After the BIA Decision?
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If the BIA dismisses your appeal, the original immigration judge’s decision stands.
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If the BIA remands or reverses, the case may be sent back to the immigration judge or resolved favorably.
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If you lose at the BIA, you may appeal to a federal court (U.S. Court of Appeals).
The BIA plays a critical role in protecting immigrants’ rights by offering a chance to challenge unjust decisions. Understanding the process—and having expert legal guidance—can make the difference between deportation and lawful status.