BIA APPEALS –
Sometimes courts make mistakes. Overloaded courts sometimes fail to see critical evidence, or they rule in a way that seems illogical. An Order of Deportation or Removal from the Immigration Court is not necessarily the end. After an Immigration judge renders his decision, either orally or in writing, a party has the option of filing an appeal with the Board of Immigration Appeals. The Board of Immigration Appeals (BIA) exists to take a second look at cases called into question. The BIA, located in Falls Church, Virginia, is the highest administrative body for interpreting and applying immigration laws. The Board can grant, deny or order further review, or even remand the case to the immigration judge.
BIA decisions are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General or a federal court. Most BIA decisions are subject to judicial review in the federal courts. The majority of appeals before the BIA involve orders of removal from an IJ, and applications for relief from removal. Other cases filed with the BIA involve motions for reopening and reconsideration of the BIA’s decisions previously rendered.
t is critical that an appeal is filed timely, as there are no exceptions for the late filing. An appeal to the BIA must be filed no later than 30 calendar days after the IJ renders an oral decision or mails a written decision.