The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. It is authorized to include 23 Appellate Immigration Judges, including a Chief Appellate Immigration Judge and one or two Deputy Chief Appellate Immigration Judges. The BIA is located at Executive Office for Immigration Review (EOIR) headquarters in Falls Church, Virginia.
Generally, the BIA does not conduct courtroom proceedings—it decides appeals by conducting a paper review of cases. But on rare occasions the BIA hears oral arguments of appealed cases—usually at its headquarters.
The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by district directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is an alien, a citizen, or a business firm.
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. The majority of appeals reaching the BIA involve orders of removal (deportation) 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.
The BIA is directed to exercise its independent judgment in hearing appeals for the Attorney General. BIA decisions designated for publication are printed in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the United States.
In Texas, as in all states, the Board of Immigration Appeals (BIA) serves as the highest administrative body for interpreting and applying immigration laws. The BIA operates under the Executive Office for Immigration Review (EOIR) and is based in Virginia, but its decisions have nationwide jurisdiction, including in Texas. The BIA primarily reviews cases on paper, but occasionally holds oral arguments. It hears appeals from decisions made by Immigration Judges and DHS district directors on a variety of issues, such as removal orders, admission exclusions, visa applications, and immigration law violations. Decisions made by the BIA are binding unless overturned by the Attorney General or a federal court, and most can be reviewed judicially. The BIA's published decisions are authoritative and included in the Administrative Decisions Under Immigration and Nationality Laws of the United States.
