Immigration Court decision to the BIA

IJ denied Client’s motion to reopen his 2010 in absentia order and relied on fairly new warnings on Form I-485, advising applicants to keep USCIS updated of address changes for removal purposes.

Immigration Court decision to the BIA was sustained, finding that the IJ’s decision was in error and that Client was not properly advised of his hearing and that he did not receive notice of his hearing.

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA is located at EOIR headquarters in Falls Church, Virginia. Generally, the BIA does not conduct courtroom proceedings – it decides appeals by conducting a “paper review” of cases. On rare occasions, however, the BIA hears oral arguments of appealed cases, predominately at headquarters.