Immigration Appeals to the BIA

What Is the BIA?

The Board of Immigration Appeals is the highest administrative body for interpreting immigration law. It sits in Falls Church, Virginia and reviews appeals from immigration judge decisions nationwide. Unlike federal appeals courts, BIA members typically decide cases based on written briefs alone — no oral argument, no live testimony.

The BIA can affirm, reverse, or remand (send back) a case. In practice, it affirms or dismisses the vast majority. Of our 1.46 million appeals, only 7.2% resulted in the original decision being overturned.

The Dismissal Problem

31.0% of appeals are dismissed — often for procedural reasons like late filing, failure to specify grounds, or jurisdictional issues. For unrepresented appellants who don't understand the BIA's strict requirements, the appeal never reaches the substance of their case.

A 2002 policy known as "streamlining" allowed single BIA members to issue summary dismissals (called "affirmances without opinion"). This dramatically increased throughput but also drew criticism that it rubber-stamped immigration judge decisions without meaningful review.

Why Immigrants Appeal More

76.5% of appeals are filed by the respondent (the immigrant), not the government. This makes sense: the stakes are dramatically different. For ICE, losing an appeal means one person stays. For the immigrant, losing means deportation — potentially to danger, family separation, or death.

The government does appeal when it loses at the trial level, particularly in asylum cases where it believes the judge applied the wrong legal standard. But these make up a small fraction of the total.

After the BIA

If the BIA denies an appeal, the respondent can petition for review in the federal circuit court of appeals. This is a true judicial review — but with a very high bar. The circuit court only reviews questions of law, not factual findings. And a "petition for review" must be filed within 30 days of the BIA's final order.