Board of Immigration Appeals

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Board of Immigration Appeals
Seal of the Executive Office for Immigration Review
Agency overview
JurisdictionFederal government of the United States
HeadquartersBailey's Crossroads, Virginia (Falls Church mailing address)
Agency executives
  • David L. Neal, Chairman
  • Charles Adkins-Blanch, Vice-Chairman
Parent agencyExecutive Office for Immigration Review, Department of Justice
WebsiteBoard of Immigration Appeals

The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice.

The BIA reviews the decisions of the U.S. immigration courts, some decisions of U.S. Citizenship and Immigration Services, and immigration violation arrests by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. BIA decisions are the final administrative action in a given case, and the next stage of appeal after a BIA decision is usually in the United States courts of appeals if an appeal is allowed by statute.

Most opinions of the BIA are unpublished and do not apply outside of the cases in which they were issued.[1] However, a limited number of BIA decisions are selected for publication in the Administrative Decisions under the Immigration and Nationality Laws of the United States.[2] There are currently 28 volumes of administrative precedent decisions under the Immigration and Nationality laws encompassing decisions dating back to 1940.[3] BIA precedent decisions are legally binding on all components of the Department of Homeland Security (DHS). A precedent decision may be overruled by a published decision of the Attorney General, by a Federal court, by a subsequent BIA precedent decision, or by a change in the law.

The BIA is located in Bailey's Crossroads, Virginia, and, as of January 2021, had 23 board members, who are administrative judges appointed by the U.S. Attorney General, and seven temporary members.[4] The size of the full BIA varies from time to time, depending on resignations, retirements, and new appointments; it may have up to 23 board members under the current authorizing regulation.[5] Decisions issued by the BIA are by three-member panels in limited circumstances.[6] Otherwise, the vast majority of cases are decided by single panel members.[7] A single panel member can also use a process called summary affirmance, which is used in 10 percent of cases (as of 2008), to affirm the lower court without issuing a written decision.[8]

The BIA is notable in that one need not be an attorney to appear before it representing a client. However, non-attorneys must be part of a BIA-recognized organization (generally a nonprofit), and also have obtained BIA accreditation as individuals. A practice manual[9] for appearing before the BIA is available from the U.S. Department of Justice. A handbook[10] explaining the accreditation and recognition process is available from the nonprofit Catholic Legal Immigration Network (CLINIC).

Current members

As of January 25, 2021:[4]

Title Name Term began Appointed by
Chief Appellate Immigration Judge David H. Wetmore May 2020 William Barr
Deputy Chief Appellate Immigration Judge Charles Adkins-Blanch January 2013 Eric Holder
Deputy Chief Appellate Immigration Judge Garry D. Malphrus September 2020 William Barr
Appellate Immigration Judge Michael P. Baird August 2020 William Barr
Appellate Immigration Judge William A. Cassidy August 2019 William Barr
Appellate Immigration Judge V. Stuart Couch August 2019 William Barr
Appellate Immigration Judge Michael J. Creppy February 2011 Eric Holder
Appellate Immigration Judge Deborah K. Goodwin August 2019 William Barr
Appellate Immigration Judge Stephanie E. Gorman August 2019 William Barr
Appellate Immigration Judge Edward R. Grant January 1998 Janet Reno
Appellate Immigration Judge Anne J. Greer August 2008 Michael Mukasey
Appellate Immigration Judge Keith E. Hunsucker August 2019 William Barr
Appellate Immigration Judge Edward F. Kelly January 2017 Loretta Lynch
Appellate Immigration Judge Ellen Liebowitz February 2016 Loretta Lynch
Appellate Immigration Judge Sunita B. Mahtabfar August 2020 William Barr
Appellate Immigration Judge Ana Landazabal Mann November 2011 Eric Holder
Appellate Immigration Judge Philip J. Montante, Jr. April 2020 William Barr
Appellate Immigration Judge Hugh Mullane August 2008 Michael Mukasey
Appellate Immigration Judge Blair O'Connor February 2016 Loretta Lynch
Appellate Immigration Judge Sirce E. Owen August 2020 William Barr
Appellate Immigration Judge Aaron R. Petty April 2020 William Barr
Appellate Immigration Judge Kevin W. Riley April 2020 William Barr
Appellate Immigration Judge Earle B. Wilson August 2019 William Barr
Temporary Appellate Immigration Judge Teresa L. Donovan February 2020 William Barr
Temporary Appellate Immigration Judge Joan B. Geller September 2020 William Barr
Temporary Appellate Immigration Judge Marcos Gemoets February 2020 William Barr
Temporary Appellate Immigration Judge Megan Foote Monsky April 2020 William Barr
Temporary Appellate Immigration Judge Daniel A. Morris February 2020 William Barr
Temporary Appellate Immigration Judge Mark Noferi September 2020 William Barr
Temporary Appellate Immigration Judge S. Kathleen Pepper April 2020 William Barr

See also

References

  1. ^ "AMERICAN BAR ASSOCIATION COMMISSION ON IMMIGRATION REPORT TO THE HOUSE OF DELEGATES" (PDF).
  2. ^ "Precedent Decisions". USCIS. Retrieved 2018-01-24.
  3. ^ "Comprehensive List of Articles on Attorney General and BIA Precedent Decisions | myattorneyusa". myattorneyusa.com. Retrieved 2018-01-24.
  4. ^ a b "Board of Immigration Appeals". www.justice.gov. 2015-01-13. Retrieved 2021-01-26.
  5. ^ "eCFR :: Title 8". ecfr.federalregister.gov. Retrieved 2021-01-26.
  6. ^ 8 CFR 1003.1
  7. ^ 8 CFR 1003.1
  8. ^ 8 CFR 1003.1; Fact Sheet: BIA Restructuring and Streamlining Procedures Archived January 8, 2013, at the Wayback Machine; Fact Sheet: EOIR’s Improvement Measures –– Progress Overview
  9. ^ "Board of Immigration Appeals Practice Manual". 13 January 2015.
  10. ^ "DOJ Recognition & Accreditation Toolkit - CLINIC". www.cliniclegal.org.

External links

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