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Board of Immigration Appeals

Board of Immigration Appeals

The Board of Immigration Appeals (also known as the “BIA”) is the appellate body with power to review decisions of the Immigration Court and, in particular circumstances, of the Department of Homeland Security.  The BIA is part of the Executive Office for Immigration Review, a division of the U.S. Department of Justice.

Notices of Appeal generally must be filed within 30 days of the decision or action being appealed.  The BIA has jurisdiction over the following types of appeals: decisions of the Immigration Judges, including bond determinations; decisions on fines or penalties; and decisions on most family sponsored and preference petitions.

Most cases are decided by only one member of the Board.  A case may be assigned for three-member review for a number of reasons, including resolving inconsistencies in the law, establishing precedent, or handling issues of national importance.

Proceedings at the Board of Immigration Appeals take place almost entirely on paper, through submission of written briefs. Only very rarely does the Board grant oral argument, which is an opportunity for the parties to present their arguments orally before a panel of Board members.

Kriezelman Burton & Associates, LLC has decades of experience handling cases before the Board of Immigration Appeals.  We have argued cases ranging from asylum to visa petitions denied by the Department of Homeland Security in error.  If you have a question regarding a case that you believe should be appealed, please contact our offices to schedule an appointment.

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