Board of Immigration Appeals (BIA) Overview

These flashcards cover key concepts related to the Board of Immigration Appeals, its procedures, and important terminology essential for understanding immigration law.

What does BIA stand for?

Board of Immigration Appeals.

What is the BIA's role in immigration law?

It is the highest administrative appellate body that reviews immigration decisions.

What government department is the BIA a part of?

The Department of Justice (DOJ).

Which decisions does the BIA review?

Decisions made by Immigration Judges and certain DHS officers.

Does the BIA hold in-person hearings?

No, the BIA does not hold in-person hearings.

What materials does the BIA rely on when deciding cases?

The written record and legal briefs.

Can new evidence be submitted to the BIA?

No, the BIA does not accept new evidence.

Are BIA decisions binding?

Yes, unless overturned by a federal court.

What is a BIA appeal?

A request asking the BIA to review and change an Immigration Judge's decision.

What types of decisions are commonly appealed to the BIA?

Removal orders, asylum denials, cancellation denials, bond decisions, and legal or procedural issues.

What types of issues does the BIA review?

Legal errors and abuse of discretion.

Does the BIA usually re-evaluate factual findings?

No, it generally defers to the IJ's factual findings.

Who may file a BIA appeal on behalf of a noncitizen?

The respondent through an attorney.

Can DHS file an appeal?

Yes, DHS may appeal an IJ decision.

What is the legal assistant's role in an appeal?

Assisting with preparation, filing, and deadline tracking - not giving legal advice.

What is EOIR-26?

The Notice of Appeal that officially initiates a BIA appeal.

When is EOIR-26 filed?

After an Immigration Judge issues a decision.

What is the deadline to file EOIR-26?

Within 30 calendar days.

When does the 30-day deadline begin?

From the oral decision date or the mailing date of a written decision.

Are extensions allowed for filing EOIR-26?

No, extensions are not permitted.

What happens if EOIR-26 is filed late?

The appeal is automatically dismissed.

Where must EOIR-26 be filed?

Directly with the BIA.

Where should EOIR-26 NOT be filed?

USCIS or Immigration Court.

What is the filing fee for EOIR-26?

$110.

What form is used to request a fee waiver?

EOIR-26A.

How can EOIR-26 be filed?

By mail (received by the deadline) or electronically if available.

What does the BIA send after receiving the appeal?

A receipt notice and a briefing schedule.

What does the attorney submit after the appeal is filed?

An appeal brief.

What may DHS submit?

A response brief.

What are key responsibilities of a legal assistant after filing?

Calendaring deadlines, organizing the Record of Proceedings, assisting with filing, and preparing proof of service.

What is a BIA brief?

A written legal argument explaining errors in the IJ's decision and applicable law.

Who writes the BIA brief?

The attorney.

How does a legal assistant help with BIA briefs?

Formatting, filing, serving DHS, and tracking deadlines.

What can happen if a brief is not filed?

The appeal may be summarily dismissed.

What does it mean if an appeal is dismissed?

The IJ's decision stands.

What does it mean if an appeal is sustained?

The IJ's decision is overturned.

What does a remand mean?

The case is sent back to Immigration Court.

Which department is the BIA part of?

DOJ.

Which department is USCIS part of?

DHS.

What type of body is the BIA?

An appellate body.

What type of agency is USCIS?

An adjudicating agency for immigration benefits.

What forms does the BIA use?

EOIR forms.

What forms does USCIS use?

I-forms.

What is the most serious BIA appeal mistake?

Missing the 30-day deadline.

Name three other common filing errors.

Wrong agency, missing fee/fee waiver, incorrect A-number, no proof of service, submitting new evidence.