What Is the Board of Immigration Appeals (BIA)?
When your immigration case is denied, it can feel like all hope is lost. But in many cases, you still have one more chance to fight—through an appeal to the Board of Immigration Appeals (BIA).
The BIA is the highest immigration court in the United States, part of the Department of Justice. Its main job is to review decisions made by immigration judges or certain officers from the Department of Homeland Security (DHS). These appeals can be life-changing, and the outcome often depends on the strength and strategy of your case.
What Kinds of Cases Does the BIA Review?
The BIA reviews a wide range of immigration matters, including:
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Removal (Deportation) Orders
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Asylum Denials
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Bond or Parole Denials
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Family-Based Visa Petitions
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Motions to Reopen or Reconsider
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Waivers of Inadmissibility
If your case has been denied at a lower level, you (or your attorney) can submit a written appeal to the BIA. This is your last opportunity within the immigration court system to have your case reviewed and potentially overturned.
Why the BIA Matters
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Binding Authority: The BIA’s decisions are binding on all immigration judges and DHS officers across the U.S.
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Legal Precedents: Successful BIA rulings can help shape future cases, setting legal precedent for other immigrants in similar situations.
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Last Stop Before Federal Court: In most cases, the BIA is your final chance to stay in the U.S. without taking your case to a federal court.
How the BIA Appeal Process Works
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Timing is Critical – You must submit your Notice of Appeal (Form EOIR-26) within 30 calendar days of the original decision.
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Written Argument Required – The BIA does not hold hearings. Your attorney must present your entire case in writing.
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Wait for Review – It can take 6 to 12 months or longer to receive a decision.
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Request a Stay – If you are facing removal, you may be able to pause deportation while your appeal is pending.
Why Legal Help Is So Important
Submitting a successful BIA appeal requires more than just paperwork—it demands a deep understanding of immigration law, experience with legal strategy, and a persuasive, well-documented case.
We understand how much is at stake. Our attorneys know how to build powerful appeals, and we’ve helped clients across the country fight back when they were told “no.” If your case has been denied—or if you’re unsure of what to do next—we’re here to guide you.