Any of our readers in Florida who have been involved in any type of immigration process may have experience with getting a negative result. Of course, an initial negative result doesn’t have to be the end result – an appeal might be possible. In many situations, an appeal will go to the Board of Immigration Appeals – commonly referred to as the BIA.
BIA basics
Many people might hear the word “appeal” and think that they will have to go in front of a panel of judges and argue their side of the case. For the BIA process, this typically is not how it is done.
Oral arguments typically are not part of any appeal that goes to the BIA, although on rare occasions it does occur. No, typically, the BIA reviews appeals on a paper basis, solely through filings by the parties in the situation and the record in the situation.
One of the most common types of proceedings with appeals that end up in front of the BIA are removal proceedings. However, other types of immigration situations could also find their way to the BIA via the appeals process, such as situations involving visas, fines, exclusion of admission to the United States and motions for reconsideration, among others.
Probably the most important thing to know about the BIA is that its jurisdiction is nationwide – it can become, in essence, the last stop for an immigration issue that arises anywhere in the United States. And, BIA decisions can have quite an impact since they are binding unless otherwise altered by a federal court or the attorney general.
