The U.S. Court of Appeals for the Fourth Circuit recently issued a ruling, finding that the Board of Immigration Appeals (BIA) erred in its review of a petitioner’s case. The court determined the BIA had unlawfully ignored crucial evidence presented by the petitioner regarding their claim for relief. This decision vacates the BIA’s prior order and remands the case back for a new determination, stressing the importance of considering all relevant evidence in immigration proceedings
U.S. Courts of Appeals — what they are, how they work, and why they matter
The U.S. Courts of Appeals are the intermediate federal appellate courts that review decisions from U.S. district courts and certain federal agencies to determine whether the law was applied correctly; they do not retry facts.
Quick facts
- There are 13 federal courts of appeals: 12 regional circuits plus the U.S. Court of Appeals for the Federal Circuit (nationwide, subject-matter jurisdiction such as patents and veterans’ claims).
- Courts of appeals decide tens of thousands of cases annually and are often the final expositor of federal law in their circuits because the Supreme Court reviews only a small percentage of petitions.
What the Court of Appeals does
- Reviews district-court records and legal arguments for error; issues written opinions that can bind future cases within the circuit.
- Resolves legal questions and creates precedent; different circuits sometimes conflict, producing “circuit splits” that may draw Supreme Court review.
Practical points
- Appeals focus on legal and procedural errors; new factual evidence is rarely allowed.
- Appellate procedure has strict deadlines and formal requirements — timely, experienced counsel matters.
- The Federal Circuit has nationwide jurisdiction for certain subject areas (patents, federal claims, etc.).
We prepare appellate notices, briefs, and certiorari petitions; help preserve issues at trial; and coach clients for oral argument.