View source for Board of Immigration Appeals

{{Short description|United States Department of Justice agency}}
{{Infobox government agency
| agency_name = Board of Immigration Appeals
| nativename =
| seal = Seal of the Executive Office for Immigration Review.svg
| seal_width = 175px
| seal_caption = Seal of the Executive Office for Immigration Review
| logo =
| formed = 1940
| jurisdiction = [[Federal government of the United States]]
| headquarters = [[Falls Church, Virginia]]
| employees =
| budget =
| chief6_position =
| chief7_name =
| chief7_position =
| chief8_name =
| chief8_position =
| chief9_name =
| chief9_position =
| parent_department =
| parent_agency = [[Executive Office for Immigration Review]], [[United States Department of Justice|Department of Justice]]
| chief1_name = David Neal<ref>{{Cite web|date=2017-05-30|title=Meet the Director|url=https://www.justice.gov/eoir/staff-profile/meet-the-director|access-date=2021-10-04|website=www.justice.gov|language=en}}</ref>
| chief1_position = Acting [[Executive Office for Immigration Review|EOIR]] Director
| chief2_name = David H. Wetmore
| chief2_position = Chief Appellate Immigration Judge
| chief3_name =
| chief3_position =
| chief4_name =
| chief4_position =
| chief5_name =
| chief5_position =
| chief6_name =
| website = [https://www.justice.gov/eoir/board-of-immigration-appeals Board of Immigration Appeals]
}}

The '''Board of Immigration Appeals''' ('''BIA''') is an administrative [[appellate court|appellate body]] within the [[Executive Office for Immigration Review]] of the [[United States Department of Justice]] responsible for reviewing decisions of the [[U.S. immigration court]]s and certain actions of [[U.S. Citizenship and Immigration Services|U.S. Citizenship Immigration Services]], [[U.S. Customs and Border Protection|U.S Customs and Border Protection]], and [[U.S. Immigration and Customs Enforcement]]. The BIA was established in 1940 after the [[Immigration and Naturalization Service]] was transferred from the [[United States Department of Labor]] to the Department of Justice.<ref name=":1">{{Cite web|last=United States Department of Justice|date=2015-01-13|title=Evolution of the Executive Office for Immigration Review, Pre-1983|url=https://www.justice.gov/eoir/evolution-pre-1983|url-status=live|archive-url=https://web.archive.org/web/20210123200914/https://www.justice.gov/eoir/evolution-pre-1983|archive-date=2021-01-23|access-date=2021-02-05|website=www.justice.gov|language=en}} {{PD-notice}}</ref><ref>{{Cite web|last=United States Department of Justice|date=September 4, 1940|title=5 Fed Reg 3502|url=https://www.justice.gov/sites/default/files/eoir/legacy/2013/10/02/5%20Fed%20Reg%203502%2009041940.pdf|url-status=live|archive-url=https://web.archive.org/web/20170509040820/https://www.justice.gov/sites/default/files/eoir/legacy/2013/10/02/5%20Fed%20Reg%203502%2009041940.pdf|archive-date=May 9, 2017|access-date=February 5, 2021|website=United States Department of Justice}}</ref>

== History ==

=== 1891–1917: Early federal immigration laws ===
The Board of Immigration Appeals traces its origins to the [[Immigration Act of 1891]], which was the first comprehensive federal law that governed the immigration system. The Act established an Office of Immigration within the [[United States Department of the Treasury|Department of the Treasury]], which would be supervised by a Superintendent of Immigration and responsible for handling immigration functions. The Act also laid out an appeals process where immigrants could appeal the Office's decisions to the Superintendent of Immigration.<ref name=":1"/>

Two years later, the Immigration Act of 1893 established three-member Boards of Special Inquiry to decide challenges to decisions of the Office of Immigration that deported or excluded an immigrant seeking to enter the United States.<ref name=":1"/>

Congress continued to adjust the immigration system over the coming decades. In 1903, Congress moved immigration functions from the Treasury to the newly created [[United States Department of Commerce and Labor|Department of Commerce and Labor]]. Ten years later, Congress split the Department of Commerce and Labor into a [[United States Department of Commerce|Department of Commerce]] and a [[United States Department of Labor|Department of Labor]], and assigned responsibility for the immigration system to the latter.<ref name=":1"/>

=== 1917–1940: Board of Review, Immigration and Naturalization Service created ===
{{See also|Immigration and Naturalization Service}}
In 1917, Congress passed the Immigration Act of 1917 that reformed the provisions governing the exclusion and deportation of immigrants.<ref name=":1"/>

The Immigration Act of 1921 established a new system of national quotas that limited the number of immigrants from any given country. These reforms significantly increased the number of administrative appeals filed by immigrants and the complexity of each case. The [[United States Secretary of Labor|Secretary of Labor]] established a Board of Review to handle the increased caseload and recommend decisions.<ref name=":1"/>

In 1933, Executive Order 6166 centralized all immigration functions within a new [[Immigration and Naturalization Service]] in the Department of Labor.<ref>{{Cite web|date=2016-08-15|title=Records of the Immigration and Naturalization Service [INS]|url=https://www.archives.gov/research/guide-fed-records/groups/085.html|access-date=2021-02-25|website=National Archives|language=en|archive-date=2021-01-26|archive-url=https://web.archive.org/web/20210126064818/https://www.archives.gov/research/guide-fed-records/groups/085.html|url-status=live}}</ref>

=== 1940–1983: Board of Immigration Appeals created ===
In 1940, President Roosevelt moved the INS to the Department of Justice. The [[United States Attorney General|Attorney General]] replaced the Board of Review with a new Board of Immigration Appeals authorized to decide appeals itself, instead of recommending decisions. The BIA was given significant independence and remains responsible solely to the Attorney General.<ref>{{Cite web|last=United States Department of Justice|date=September 4, 1940|title=5 Fed. Reg. 3502.|url=https://www.justice.gov/sites/default/files/eoir/legacy/2013/10/02/5%20Fed%20Reg%203502%2009041940.pdf|url-status=live|access-date=February 25, 2021|website=United States Department of Justice|archive-date=May 9, 2017|archive-url=https://web.archive.org/web/20170509040820/https://www.justice.gov/sites/default/files/eoir/legacy/2013/10/02/5%20Fed%20Reg%203502%2009041940.pdf}}</ref>

In 1952, Congress replaced the complex network of immigration laws with a single statute, titled the [[Immigration and Nationality Act of 1952|Immigration and Nationality Act]]. Among other things, the statue eliminated the archaic Special Inquiry Boards and gave responsibility for reviewing deportation cases to new special inquiry officers. The role of special inquiry officers was further formalized in 1973, when a new regulation renamed them "immigration judges" and granted them the power to wear judicial robes.<ref name=":1" /><ref>{{Cite web|last=United States Department of Justice|date=April 4, 1973|title=Fed. Reg. 8590.|url=https://www.justice.gov/sites/default/files/eoir/legacy/2013/10/02/38%20Fed%20Reg%208590%2004041973.pdf|url-status=live|access-date=February 25, 2021|website=United States Department of Justice|archive-date=December 19, 2020|archive-url=https://web.archive.org/web/20201219155331/https://www.justice.gov/sites/default/files/eoir/legacy/2013/10/02/38%20Fed%20Reg%208590%2004041973.pdf}}</ref>

=== 1983–present: Executive Office for Immigration Review created and other reforms ===
{{See also|Executive Office for Immigration Review}}
In 1983, the Attorney General established the Executive Office for Immigration Review to administer the immigration courts. Immigration judges and the BIA were moved to the EOIR. A new Office of the Chief Immigration Judge was established to supervise the work of immigration judges and immigration courts. The BIA retained its power to decide immigration appeals and establish precedents.<ref name=":2">{{Cite web|last=United States Department of Justice|date=2015-01-13|title=Evolution of the Executive Office of Immigration Review, Post-1983|url=https://www.justice.gov/eoir/evolution-post-1983|url-status=live|access-date=2021-02-25|website=www.justice.gov|language=en|archive-date=2021-01-23|archive-url=https://web.archive.org/web/20210123201048/https://www.justice.gov/eoir/evolution-post-1983}} {{PD-notice}}</ref><ref>{{Cite web|last=United States Department of Justice|date=February 25, 1983|title=48 Fed. Reg. 8038|url=https://www.justice.gov/sites/default/files/eoir/legacy/2013/10/02/48%20Fed%20Reg%208038%2002251983.pdf|url-status=live|access-date=February 25, 2021|website=United States Department of Justice|archive-date=November 15, 2020|archive-url=https://web.archive.org/web/20201115213542/https://www.justice.gov/sites/default/files/eoir/legacy/2013/10/02/48%20Fed%20Reg%208038%2002251983.pdf}}</ref>

Congress passed significant immigration reforms over the next few years. The [[Immigration Reform and Control Act of 1986]] and related regulations gave EOIR authority to decide cases related to immigration-related employment issues.<ref>{{Cite web|last=United States Department of Justice|date=November 24, 1987|title=52 Fed. Reg. 44971|url=https://www.justice.gov/sites/default/files/eoir/legacy/2013/10/02/52%20Fed%20Reg%2044971%2011241987.pdf|url-status=live|access-date=February 25, 2021|website=United States Department of Justice|archive-date=May 9, 2017|archive-url=https://web.archive.org/web/20170509040926/https://www.justice.gov/sites/default/files/eoir/legacy/2013/10/02/52%20Fed%20Reg%2044971%2011241987.pdf}}</ref> The [[Immigration Act of 1990]] expanded EOIR's powers to review cases of "document abuse", or misuse of documentation to prove employment eligibility. The [[Illegal Immigration Reform and Immigrant Responsibility Act of 1996]] replaced deportation proceedings and exclusion proceedings with "removal proceedings" and simplified procedures.<ref name=":2"/>

The [[Homeland Security Act of 2002]] further clarified EOIR's powers by formally separating it from the INS and codifying the Attorney General's supervisory authority. The Act also abolished the INS and transferred its functions to the newly created [[United States Department of Homeland Security|Department of Homeland Security]].<ref name=":2"/>

== Jurisdiction ==
The BIA reviews the decisions of the [[U.S. immigration court]]s, some decisions of [[U.S. Citizenship and Immigration Services]], and immigration violation arrests by [[U.S. Customs and Border Protection]] and [[U.S. Immigration and Customs Enforcement]]. BIA decisions are the final administrative action in a given case, and the next stage of appeal after a BIA decision is usually in the [[United States courts of appeals]] if an appeal is allowed by statute.

Most opinions of the BIA are unpublished and do not apply outside of the cases in which they were issued.<ref>{{Cite web|title=AMERICAN BAR ASSOCIATION COMMISSION ON IMMIGRATION REPORT TO THE HOUSE OF DELEGATES|url=https://www.americanbar.org/content/dam/aba/migrated/Board_of_Immigration_Appeals_2.authcheckdam.pdf|url-status=live|archive-url=https://web.archive.org/web/20180413202645/https://www.americanbar.org/content/dam/aba/migrated/Board_of_Immigration_Appeals_2.authcheckdam.pdf|archive-date=2018-04-13|access-date=2021-01-29}}</ref> However, a limited number of BIA decisions are selected for publication in the Administrative Decisions under the Immigration and Nationality Laws of the United States.<ref>{{Cite news|title=Precedent Decisions|language=en|work=USCIS|url=https://www.uscis.gov/laws/precedent-decisions|url-status=live|access-date=2018-01-24|archive-url=https://web.archive.org/web/20180128231859/https://www.uscis.gov/laws/precedent-decisions|archive-date=2018-01-28}}</ref> There are currently 28 volumes of administrative precedent decisions under the Immigration and Nationality laws encompassing decisions dating back to 1940.<ref>{{Cite web|title=Comprehensive List of Articles on Attorney General and BIA Precedent Decisions {{!}} myattorneyusa|url=http://myattorneyusa.com/comprehensive-list-of-articles-on-attorney-general-and-bia-precedent-decisions|url-status=live|archive-url=https://web.archive.org/web/20180125074546/http://myattorneyusa.com/comprehensive-list-of-articles-on-attorney-general-and-bia-precedent-decisions|archive-date=2018-01-25|access-date=2018-01-24|website=myattorneyusa.com|language=en}}</ref> BIA precedent decisions are legally binding on all components of the Department of Homeland Security ([[United States Department of Homeland Security|DHS]]). A precedent decision may be overruled by a published decision of the Attorney General, by a Federal court, by a subsequent BIA precedent decision, or by a change in the law.

The BIA is notable in that one need not be an attorney to appear before it representing a client. However, non-attorneys must be part of a BIA-recognized organization (generally a nonprofit), and also have obtained BIA accreditation as individuals. A practice manual<ref>{{cite web |date=24 December 2023 |title=Board of Immigration Appeals Practice Manual |url=https://www.justice.gov/eoir/reference-materials/bia |archive-url= |archive-date= |access-date=24 December 2023 |website=Executive Office of Immigration Review - U.S. Department of Justice}}</ref> for appearing before the BIA is available from the U.S. Department of Justice.

== Composition ==
The BIA is located in [[Falls Church, Virginia]], and, as of February 2021, has 23 board members, who are administrative judges appointed by the [[U.S. Attorney General]], and six temporary members.<ref name=":0" /> The size of the full BIA varies from time to time, depending on resignations, retirements, and new appointments; it may have up to 23 board members under the current authorizing regulation.<ref>{{Cite web|title=eCFR :: Title 8|url=https://ecfr.federalregister.gov/current/title-8/chapter-V/subchapter-A/part-1003/subpart-A/section-1003.1|url-status=live|archive-url=https://web.archive.org/web/20201229113454/https://ecfr.federalregister.gov/current/title-8/chapter-V/subchapter-A/part-1003/subpart-A/section-1003.1|archive-date=2020-12-29|access-date=2021-01-26|website=ecfr.federalregister.gov}}</ref> Decisions issued by the BIA are by three-member panels in limited circumstances.<ref name=":3" /> Otherwise, the vast majority of cases are decided by single panel members.<ref name=":3">{{USCFR|8|1003|1|(e)(5)}}</ref> In certain circumstances, a single panel member can use a process called summary affirmance to affirm the lower court without issuing a written decision.<ref name=":3" /><ref>{{Cite web|url=https://www.justice.gov/eoir/press/06/BIAStreamliningFactSheet030906.htm|archiveurl=https://web.archive.org/web/20130108082602/http://www.justice.gov/eoir/press/06/BIAStreamliningFactSheet030906.htm|url-status=dead|title=Fact Sheet: BIA Restructuring and Streamlining Procedures|archivedate=January 8, 2013}}</ref><ref>{{Cite web|url=https://www.justice.gov/eoir/press/08/EOIRs22ImprovementsProgressOverview090508v2.pdf|archiveurl=https://web.archive.org/web/20130601091409/http://www.justice.gov/eoir/press/08/EOIRs22ImprovementsProgressOverview090508v2.pdf|url-status=dead|title=Fact Sheet: EOIR's Improvement Measures –– Progress Overview|archivedate=June 1, 2013}}</ref>

=== Current members ===
As of August 18, 2023:<ref name=":0">{{Cite web|date=2015-01-13|title=Board of Immigration Appeals|url=https://www.justice.gov/eoir/board-of-immigration-appeals-bios|access-date=2021-01-26|website=www.justice.gov|language=en|archive-date=2020-12-27|archive-url=https://web.archive.org/web/20201227052046/https://www.justice.gov/eoir/board-of-immigration-appeals-bios|url-status=live}}</ref>
{| class="wikitable sortable"
|+
!Title
!Name
!Term began
!Appointed by
|-
|Chief Appellate Immigration Judge
|David H. Wetmore
|May 2020
|[[William Barr]]
|-
|Deputy Chief Appellate Immigration Judge
|Charles Adkins-Blanch
|January 2013
|[[Eric Holder]]
|-
|Deputy Chief Appellate Immigration Judge
|Garry D. Malphrus
|September 2020
|[[William Barr]]
|-
|Appellate Immigration Judge
|Michael P. Baird
|August 2020
|[[William Barr]]
|-
|Appellate Immigration Judge
|Katharine E. Clark
|August 2023
|[[Merrick Garland]]
|-
|Appellate Immigration Judge
|Michael J. Creppy
|February 2011
|[[Eric Holder]]
|-
|Appellate Immigration Judge
|Deborah K. Goodwin
|August 2019
|[[William Barr]]
|-
|Appellate Immigration Judge
|Stephanie E. Gorman
|August 2019
|[[William Barr]]
|-
|Appellate Immigration Judge
|Anne J. Greer
|August 2008
|[[Michael Mukasey]]
|-
|Appellate Immigration Judge
|Keith E. Hunsucker
|August 2019
|[[William Barr]]
|-
|Appellate Immigration Judge
|Beth Liebmann
|April 2022
|[[Merrick Garland]]
|-
|Appellate Immigration Judge
|Ellen Liebowitz
|February 2016
|[[Loretta Lynch]]
|-
|Appellate Immigration Judge
|Sunita B. Mahtabfar
|August 2020
|[[William Barr]]
|-
|Appellate Immigration Judge
|Ana Landazabal Mann
|November 2011
|[[Eric Holder]]
|-
|Appellate Immigration Judge
|Philip J. Montante, Jr.
|April 2020
|[[William Barr]]
|-
|Appellate Immigration Judge
|Hugh Mullane
|August 2008
|[[Michael Mukasey]]
|-
|Appellate Immigration Judge
|Blair O'Connor
|February 2016
|[[Loretta Lynch]]
|-
|Appellate Immigration Judge
|Sirce E. Owen
|August 2020
|[[William Barr]]
|-
|Appellate Immigration Judge
|Aaron R. Petty
|April 2020
|[[William Barr]]
|-
|Appellate Immigration Judge
|Andrea Saenz
|October 2021
|[[Merrick Garland]]
|-
|Temporary Appellate Immigration Judge
|Erika L. Borkowski
|March 2023
|[[Merrick Garland]]
|-
|Temporary Appellate Immigration Judge
|John Crossett
|October 2022
|[[Merrick Garland]]
|-
|Temporary Appellate Immigration Judge
|S. Kathleen Pepper
|September 2022
|[[Merrick Garland]]
|}

==See also==
* [[Administrative Appeals Office]]

==References==
{{reflist}}

==External links==
* [https://www.justice.gov/eoir/board-of-immigration-appeals Board of Immigration Appeals]
* [https://www.justice.gov/eoir/ag-bia-decisions Decisions of the Board of Immigration Appeals]
* [https://www.justice.gov/eoir Executive Office for Immigration Review]
* [https://www.justice.gov/eoir/list-pro-bono-legal-service-providers List of Free Legal Service Providers] provided by the U.S. Department of Justice

{{Immigration to the United States}}
{{authority control}}

{{DEFAULTSORT:Board Of Immigration Appeals}}
[[Category:United States Department of Justice agencies]]
[[Category:Administrative courts]]
[[Category:United States immigration law]]
[[Category:United States tribunals]]
[[Category:Asylum tribunals]]