The U.S. Department of Justice oversees the Board of Immigration Appeals (“BIA”), under the supervision of the Executive Office for Immigration Review (“EOIR”). The BIA has jurisdiction over various types of appeals, including appeals of immigration judges. Therefore, if an individual is ordered removed from the U.S., they have a right to appeal that decision to the BIA. In addition, the BIA hears certain appeals of Department of Homeland Security administrative decisions, and motions to reopen. Importantly, the BIA rules are different than those before the immigration judge or administrative agencies like USCIS. Depending on the issue at hand, the BIA may review a case de novo, or without any deference to the lower decision. However, in other cases the BIA may review a case under a different standard of proof. Successful practice before the BIA requires a thorough knowledge of its many procedural rules, as well experience in persuasive brief writing. If you have been denied relief in immigration court, or before an administrative agency, The attorneys at Onal Gallant & Partners can assist with any immigration appeals and determine whether an appeal to the BIA is required.
