Legal Definitions - Immigration Appeals Board

The Immigration Appeals Board, more commonly and officially known as 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 body for reviewing decisions made by immigration judges and certain decisions made by U.S. Citizenship and Immigration Services (USCIS). Individuals who believe an immigration judge or USCIS made an error in their case can appeal to the Board, seeking a reversal or modification of that decision.

• Example 1: Asylum Denial Appeal

  A person from a country experiencing severe civil unrest applies for asylum in the United States, claiming a well-founded fear of persecution if they return. An immigration judge reviews their case and denies the asylum application, finding that the individual did not meet all the legal criteria for asylum. Feeling that the immigration judge misapplied the law or overlooked critical evidence, the individual can file an appeal with the Immigration Appeals Board. The Board will then review the immigration judge's decision, the evidence presented, and the legal arguments to determine if the denial was legally sound or if it should be overturned.

• Example 2: Deportation Order Challenge

  A lawful permanent resident is convicted of a particular misdemeanor that, under immigration law, makes them subject to deportation. An immigration judge issues an order for their removal from the United States. The individual believes the judge incorrectly interpreted the specific immigration statute related to their conviction or failed to consider certain mitigating factors that could prevent deportation. In this situation, the individual can appeal the immigration judge's removal order to the Immigration Appeals Board. The Board will examine whether the immigration judge correctly applied the relevant immigration laws regarding deportability and whether the decision to order removal was appropriate based on the facts and legal precedents.

• Example 3: Family Petition Revocation Appeal

  A U.S. citizen successfully petitions for their sibling to immigrate to the United States, and the petition is initially approved by USCIS. However, several years later, USCIS revokes the approved petition, alleging that the original relationship documentation was fraudulent. The U.S. citizen and their sibling believe USCIS made an error in its assessment and that the documentation was legitimate. While many USCIS decisions are appealed through different channels, certain types of USCIS decisions, such as the revocation of an approved family-based petition, can be appealed directly to the Immigration Appeals Board. The Board would then review USCIS's reasons for revocation and the evidence provided by the family members to determine if the revocation was legally justified.