BIA (Board of Immigration Appeals)
📊 Explore BIA data →The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration law in the United States. It is housed within the Executive Office for Immigration Review (EOIR) under the Department of Justice. The BIA is located in Falls Church, Virginia, and typically does not hold in-person hearings — instead, it reviews written records and briefs from immigration court proceedings.
When a respondent or the government disagrees with an immigration judge's decision, either party may appeal to the BIA. Appeals must generally be filed within 30 days of the judge's decision. The BIA has approximately 23 board members, though the number fluctuates with appointments.
Most BIA decisions are made by a single board member through "streamlined" review, where the member can affirm the immigration judge's decision without writing a full opinion. More complex or precedent-setting cases may be referred to a three-member panel. The BIA also issues "published" or "precedent" decisions that are binding on all immigration judges nationwide, shaping how immigration law is applied across the country.
If a party disagrees with the BIA's decision, the next step is to file a petition for review with the appropriate U.S. Circuit Court of Appeals. This moves the case from the administrative system into the federal judiciary. BIA processing times vary but often take 6-12 months, adding significant time to already lengthy immigration proceedings.
The BIA's role has been controversial, with critics arguing that streamlined single-member review and high caseloads compromise the quality of appellate review.
Related Terms
EOIR (Executive Office for Immigration Review)
The Department of Justice agency that houses all U.S. immigration courts and the Board of Immigration Appeals. EOIR employs the immigration judges who hear removal cases. It is separate from USCIS (which handles applications) and ICE (which handles enforcement).
IJ (Immigration Judge)
A DOJ attorney appointed to preside over immigration court proceedings. Immigration judges are not Article III judges — they are employees of the executive branch (DOJ), which critics argue compromises judicial independence.
Removal Proceedings
The formal process in immigration court where a judge determines whether a foreign national should be ordered removed (deported) from the United States or allowed to remain under some form of relief.
Grant of Relief
A favorable decision where the immigration judge allows the respondent to remain in the U.S. This includes asylum grants, cancellation of removal, adjustment of status, withholding of removal, and other forms of protection.
Removal Order
A judge's order requiring a person to leave the United States. Can be executed by ICE immediately (for detained individuals) or at a later date. A removal order carries a bar on future re-entry (typically 10 years).