Legal Definitions - Board of Immigration Appeals

The Board of Immigration Appeals (BIA) is the highest administrative body within the U.S. Department of Justice responsible for interpreting and applying immigration laws. It serves as the primary appellate court for decisions made by immigration judges and certain other officials within the Department of Homeland Security (DHS).

When an individual disagrees with a decision made by an immigration judge, or in some cases, by a DHS officer, they can appeal that decision to the BIA. The BIA reviews the case, including the evidence presented and the legal arguments made, to determine if the immigration judge or officer made a legal error or abused their discretion. The BIA's decisions are binding on all immigration judges and DHS officers unless overturned by the U.S. Attorney General or a federal court.

Here are some examples of situations where the Board of Immigration Appeals would be involved:

• Example 1: Appeal of a Removal Order

  Maria, a lawful permanent resident, was placed in removal proceedings after being convicted of a certain crime. An immigration judge ruled that her conviction made her deportable and ordered her removed from the United States. Maria believes the judge misinterpreted the specific immigration law regarding her conviction and its impact on her status. She would then file an appeal with the Board of Immigration Appeals, asking them to review the immigration judge's legal interpretation and decision.

• Example 2: Appeal of an Asylum Denial

  Ahmed, seeking asylum in the U.S., presented his case to an immigration judge, arguing he faced persecution in his home country. The immigration judge denied his asylum application, concluding that Ahmed did not provide sufficient evidence to meet the legal definition of a refugee. Ahmed believes the judge overlooked key evidence and made an error in assessing the credibility of his testimony. He would appeal this denial to the Board of Immigration Appeals, seeking a review of the judge's factual findings and legal conclusions.

• Example 3: Appeal of a Waiver Denial

  Li was in removal proceedings and applied for a waiver of inadmissibility, which would allow her to remain in the U.S. despite a past immigration violation. The immigration judge denied her waiver application, stating that Li did not demonstrate the extreme hardship required for her U.S. citizen child if she were to be removed. Li's attorney believes the judge did not properly consider all the evidence of hardship presented. Li would appeal the denial of her waiver to the Board of Immigration Appeals, arguing that the immigration judge abused their discretion by not fully weighing the hardship to her family.