The BIA is an administrative appellate body that is part of the U.S. Department of Justice (DOJ). BIA decisions are the final administrative action in a removal proceeding. The BIA may be affirm, remand, or reverse the decision of an Immigration Judge. It is also important to note that jurisdiction of the BIA extends beyond removal proceedings. For instance, if the USCIS denies an I-130 family-based petition, the petitioner may appeal to the BIA. If the BIA affirms the denial, the appeal is not to the Court of Appeals but to the Federal District Court.
BIA decisions are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a federal court. Most BIA decisions are subject to judicial review in the federal courts with the majority of appeals reaching the BIA involve orders of removal and applications for relief from removal. Other cases before the BIA include the exclusion of aliens applying for admission to the United States, petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of immigration laws, and motions for reopening and reconsideration of decisions previously rendered.
If the Immigration Judge denies your case, understand that it is not the end of the road for you. Within 30 days of that denial, you can appeal the denial to the BIA located in Richmond, Virginia.
A petition for review is the document filed by, or on behalf of, an individual seeking review of an agency decision in a circuit court of appeals. In the immigration context, a petition for review is filed to obtain federal court review of a removal, deportation or exclusion decision issued by the BIA. In addition, a petition for review may be filed to obtain review of a removal order issued by ICE under a few very limited specific provisions of the Immigration and Nationality Act (INA).
If the BIA still denies your case, it may not be the end of the road. You can appeal an unfavorable BIA decision to the Federal Circuit Court that has jurisdiction over that particular case. If your asylum case were in immigration court, the proper circuit court to file would be the Federal Circuit where the immigration hearing was originally held. The petition for review must be filed with the appropriate circuit court within 30 days for when the BIA issued a decision.
For more information about BIA Appeals or Petition for Review (PFR), call us at (833) 888-0417 today for a detailed case evaluation appointment with one of our experienced attorneys.