BIA’s Affirmation of the IJ’s Decision
Person ruled to have committed marriage fraud.
Case was appealed to The Board of Immigration Appeals and we won.
BIA sent the case back to the Immigration Judge to consider the evidence.
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. Authorized 23 Appellate Immigration Judges, including a Chief Appellate Immigration Judge and one or two Deputy Chief Appellate Immigration Judges. The BIA is located at EOIR headquarters in Falls Church, Virginia. BIA hears oral arguments of appealed cases, predominately at 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
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. 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,