Fort Lauderdale Immigration Attorney: Board of Immigration Appeals
Representation for the Immigration Appeals Process in Fort Lauderdale
The Board of Immigration Appeals (BIA) is an appellate body in the United States Department of Justice and is part of the Executive Offices for Immigration Review. It is located in Falls Church, Virginia. It is comprised of 14 members currently, although the law allows for 15 members, including the Chairman and Vice Chairman responsible for BIA management. The members are administrative judges appointed by the U.S. Attorney General. The purpose of the BIA is to ensure that the immigration laws receive uniform and fair application. They review decisions of the lower Immigration Courts, Immigration Services, and United States Citizenship. The BIA also supervises the Recognition and Accreditation Unit. The Fort Lauderdale immigration appeals lawyer at Guerra Sáenz, PL is dedicated to helping clients with their immigration cases, including representing them at the Board of Immigration Appeals. The firm is experienced in all aspects of immigration law and handling a wide variety of immigration cases.
Board of Immigration Appeals Decisions
Single Board members decide the majority of the appeals cases. In rare circumstances, three member panels hear cases. The Board decides each case carefully, allowing the appropriate amount of time to ensure they give fair consideration to each case. Occasionally, the Board will hear arguments of appealed cases in a courtroom setting at its headquarters. The majority of cases are reviewed by a "paper review" of decisions rendered by immigration judges, directors of the Department of Homeland Security (DHS) in a variety of proceedings. In these cases, the U.S. Government is one party and the other party is a citizen, non-U.S. citizen, or business entity. The BIA hears appeals for the U.S. Attorney General and they are directed to exercise their independent judgment in the decision making process. All decisions made by the Board of Immigration Appeals are binding on all immigration judges and Department of Homeland Security officers. Certain decisions are designated for publication in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the United States.
The Board of Immigration Appeals has the authority as follows with each case they review:
- Affirm
- Modify
- Remand
Each case is reviewed as to whether it satisfies all criteria and a decision is made on the merits of the case. Single panel members can use a summary affirmative process to affirm lower court decisions, without explanation about the result reached by the immigration judge in the appeal case. The BIA decisions are binding unless modified or overturned by a federal court or by the U.S. Attorney General. The federal courts review most decisions.
Types of Cases Reviewed by the BIA
The cases that make it to the appeals level usually involve:
- Orders of removal
- Applications for relief from removal
- Exclusion of non-U.S. citizens applying for admission to the United States
- Petitions to classify the status of alien relatives and preference immigration visas
- Immigration law violations
- Reopening cases and reviewing previously made decisions
Recognition and Accreditation Program
An additional duty of the BIA is supervision of the Recognition and Accreditation Program (R&A). A non-attorney individual may assist aliens in immigration proceedings but they must be accredited through the program. Once they are accredited, they may assist in proceedings before the immigration courts and the Board of Immigration Appeals, and/or the Department of Homeland Security (DHS). Although is it best to have support at each step of the immigration process, our experienced immigration attorneys are experienced in the different aspects and proceedings of immigration laws and appeals procedures.
Our immigration lawyers have successfully challenged the application of the affirmance without opinion (AWO) procedures.
If you or a family member has an immigration matter at the BIA level, we can help! Call Guerra Sáenz, PL immediately.
