May 11, 2025

Understanding the Board of Immigration Appeals (BIA) and Its Role in U.S. Immigration

The Board of Immigration Appeals (BIA) is the highest administrative body responsible for interpreting and applying U.S. immigration laws. Located at the Executive Office for Immigration Review (EOIR) headquarters in Falls Church, Virginia, the BIA plays a crucial role in reviewing immigration-related decisions. Its rulings significantly impact immigrants’ lives across the country.

The BIA is part of the U.S. Department of Justice and serves as the appellate body for immigration cases. While it does not conduct courtroom proceedings, it typically reviews cases through paper submissions. On rare occasions, the BIA hears oral arguments which are usually held at its headquarters.

Why is the BIA Important?

The BIA ensures consistency and fairness in immigration rulings by reviewing decisions made by immigration judges and Department of Homeland Security (DHS) officials. Its decisions are final and binding unless overruled by a higher authority such as the Attorney General, a U.S. Court of Appeals, or the Supreme Court of the United States.

The BIA consists of 14 Appellate Immigration Judges who bring legal expertise and experience in immigration law.

Jurisdiction and Cases Reviewed by the BIA

The BIA has nationwide jurisdiction and hears a variety of immigration-related appeals. These include:

• Appeals from Immigration Courts: Most cases reviewed by the BIA involve removal orders, asylum claims, and deportation appeals.

• Appeals from DHS Decisions: The BIA also reviews cases involving family-based immigration petitions (Form I-130), petitions for special immigrant status (Form I-360), and other DHS rulings.

• Motions to Reopen or Reconsider: Individuals may request that the BIA review a prior decision based on new evidence or legal errors.

BIA decisions are binding on DHS officers and Immigration Judges unless modified by the Attorney General or a federal court. Many BIA decisions set legal precedents, shaping the future interpretation of U.S. immigration law. 

For immigrants facing removal or other adverse decisions, the BIA provides an opportunity for appeal. If the BIA denies an appeal, the case may be escalated to the federal court system for further review. The Board of Immigration Appeals plays a fundamental role in shaping U.S. immigration law. Its decisions influence thousands of cases each year, impacting the lives of immigrants and their families. 

BIA appeals are of the utmost urgency as these must be filed at the Board of Immigration Appeals within 30 days of the Immigration Court decision along with a filing fee of $110.

If you need immigration advice, assistance with a BIA appeal, or have questions about any aspect of the immigration process, don’t hesitate to contact Bailey Immigration. Our experienced team is here to help. Call us today at 503-224-0950 for trusted guidance and support.