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 Vermont, 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 Falls Church, Virginia. It primarily reviews cases on paper without courtroom proceedings, although it occasionally hears oral arguments. The BIA has the authority to hear appeals from decisions made by Immigration Judges and DHS district directors on a variety of issues, including removal orders, admission exclusions, visa applications, immigration law violations by carriers, and motions to reopen or reconsider cases. Decisions made by the BIA are binding on all DHS officers and Immigration Judges unless they are altered by the Attorney General or a federal court. Most BIA decisions can be reviewed by federal courts. The BIA's published decisions are compiled in volumes titled Administrative Decisions Under Immigration and Nationality Laws of the United States. While the BIA's jurisdiction and procedures are federally mandated, its decisions impact individuals and entities within Vermont, especially in cases involving removal (deportation) and applications for relief from removal.