BIA Overturns Negative Decision of Immigration Judge

by
board of immigration appeals

Standards of Review Applied by the Board of Immigration 

The Board of Immigration Appeals overturned Immigration Judges ruling that Petty Offense Exception does not apply.

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 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.

Board of Immigration Appeals

The Board of Immigration Appeals (BIA) — what it is and why it matters

The Board of Immigration Appeals (BIA) is the principal administrative appellate body that reviews decisions of Immigration Judges and certain DHS officers. BIA rulings shape immigration precedent, resolve legal questions, and determine whether cases can move on to federal court review. 

What the BIA reviews (quick primer)

  • Appeals from Immigration Judge decisions in removal, deportation, and exclusion proceedings (filed on Form EOIR-26). 
  • Certain appeals from DHS officer decisions (Form EOIR-29) and limited administrative matters. 
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Key practical rules you must know

  • Appeal deadline: A Notice of Appeal (Form EOIR-26) must be filed with the BIA within 30 calendar days after the IJ’s oral or written decision; the Board calculates the deadline by date of receipt. 
  • Filing & fee: Use Form EOIR-26 and follow EOIR filing instructions; check EOIR forms for the current fee and payment options. 
  • Standards of review: factual findings & credibility legal & discretionary issues. 

Motions (reopen / reconsider): time & limits

  • Motion to reconsider: generally due within 30 days; argues legal/procedural error. 
  • Motion to reopen: generally due within 90 days of the final administrative order; limited exceptions exist (e.g., in-absentia motions). A party is usually limited to one motion to reopen and one motion to reconsider. 

Practical checklist

  1. Prepare and file EOIR-26 promptly and confirm receipt by the BIA.
  2. Frame your appeal around the correct standard (law vs. fact/credibility). 
  3. If late, evaluate reopening windows and equitable-tolling theories; preserve evidence of exceptional circumstances. 
  4. Confirm fee or file a fee-waiver request to prevent a technical rejection.

We prepare EOIR-26 notices, draft BIA briefs and motions to reopen/reconsider, assemble exhibits, and handle fee-waivers and emergency stays. Reply Appeal checklist, Brief outline, or Motion checklist.

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