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Board of Immigration Appeals

Home / Our Practice Areas / Board of Immigration Appeals

The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying United States immigration laws. In general, the BIA reviews appeals from certain decisions that Immigration Judges and district directors of the Department of Homeland Security (DHS) issue, ensuring that the immigration laws receive a fair and uniform application.

Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review.

What types of cases does the BIA hear—and not hear?

BIA Cases

The Board of Immigration Appeals (BIA) is tasked with hearing appeals from decisions made by immigration judges and the Department of Homeland Security.

  • In general, the BIA does not have the authority to review decisions not made by immigration judges
  • The BIA does not review decisions made by US Citizenship and Immigration Services (USCIS) including applications for adjustment of status
  • The Administrative Appeals Office (AAO) is usually tasked with the review of USCIS decisions

Can I appeal my case with the BIA?

Case Decisions Reviewable by the BIA

Most decisions issued by immigration judges are reviewable by the Board of Immigration Appeals (BIA), with the exclusion of credible fear and reasonable fear determinations. In general, the BIA does not have the authority to review decisions not rendered by immigration judges.

The following decisions are reviewable by the BIA, including but not limited to:

  • Asylum
  • Removal, deportation, and exclusion orders/li>
  • Withholding of removal or deportation/li>
  • Exclusion of aliens applying for admission to the US/li>
  • Motions to reopen and reconsider prior decisions/li>
  • Denial of bond or parole/li>
  • Family-based immigrant petitions/li>
  • Waivers of inadmissibility/li>

How and when do I appeal my case with the BIA?

Appealing Your Case with the BIA

When an immigration judge issues a decision, both the government and the immigrant have the right to appeal the decision. If the immigration judge issues a decision against you, they will ask if you would like to appeal the ruling. You should tell the immigration judge that you would like to appeal or that you would like to reserve your right to appeal.

Is there a time limit on when I can appeal the decision? If you decided to appeal the immigration judge’s decision, you must do so within 30 calendar days of the decision. (This includes weekends and holidays.)

  • The Notice of Appeal, along with payment, must be physically received by the BIA within the 30-day deadline
  • However, if the 30-day deadline falls on a weekend or a legal holiday, the due date is the next business day

It is best practice to send the Notice by overnight delivery or certified mail well in advance of the deadline.

How long does a BIA appeal take? An appeal with the Board of Immigration Appeals (BIA) can take anywhere between 6 to 12 months depending on how many appeals are pending. Complex cases often take more than 12 months.

Do I need a lawyer to file a BIA appeal?

Legal Assistance for BIA Appeals

You are not required to hire a lawyer to handle your BIA case. If you choose to hire a lawyer to handle your appeal, your lawyer will handle all the required paperwork for the appeal. Since the Notice of Appeal must be received by the BIA within the strict 30-day deadline, you should contact a lawyer as soon as possible after the immigration judge issues their decision.

We Can Help You with Your BIA Case

At Richards and Jurusik Immigration Law, we have assisted many clients with their Board of Immigration Appeals cases. Our lawyers appear regularly before the Board of Immigration Appeals and have had success with appealing decisions of Immigration judges and reopening cases of people facing imminent removal.

Schedule a consultation today.

Our Resources for Affirmative Asylum

Mandamus Petitions in Immigration: Myths vs. Reality
Mandamus Petitions in Immigration: Myths vs. Reality
New Supreme Court Decision: What It Means for Your Immigration Journey
New Supreme Court Decision: What It Means for Your Immigration Journey
Unreasonable Delays in Immigration Processing Under the New Trump Administration
Unreasonable Delays in Immigration Processing Under the New Trump Administration
How to Handle Delays in Your Naturalization Application Process.
How to Handle Delays in Your Naturalization Application Process.
Client Success Story: Overcoming Immigration Delays
Client Success Story: Overcoming Immigration Delays
Immigration Court Appeals – How Long Do I Have to Appeal My Case to the Board?
Immigration Court Appeals – How Long Do I Have to Appeal My Case to the Board?
DHS Appeals – How Long Do I Have to Appeal My Case to the Board?
DHS Appeals – How Long Do I Have to Appeal My Case to the Board?
Understanding the Board of Immigration Appeals (BIA)
Understanding the Board of Immigration Appeals (BIA)
All Related Resources
All Our Resources

Additional Outside Resources

  • USDOJ: Board of Immigration Appeals
  • ILRC: Identifying Issues for a BIA Appeal
  • National Archives: 8 CFR Part 1003 – Executive Office for Immigration Review
Arrive Podcast - US Immigration Law for Canadians - Richard and Jurusik Immigration Law - Buffalo NY Toronto CA

The Arrive Podcast

With 1 to 2 new episodes each month, the Arrive Podcast can help you stay updated on the US immigration matters that matter the most to you.

Listen to the Podcast

Our US Immigration Videos

Richards and Jurusik Immigration Law regularly creates video content about the current state of a certain aspect of US immigration law, and how it applies to Canadians living and working in the United States today.

Watch the Videos

Our US Immigration Webinars

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Our Webinar Schedule

Reviews from Some of Our Satisfied Clients

Why Richards and Jurusik? Experience Matters.

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  • Schedule a Consultation
  • TN Visa Professions
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    • Employment-based Immigration
      • Temporary Work Visas
        • E Visas for Traders & Investors
        • H-1B Visas for Specialty Occupations
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        • O-1 Visas for Extraordinary Ability
        • TN Visas for NAFTA Professionals
        • Other Temporary Work Visas
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