Board of Immigration Appeals

Last updated
Board of Immigration Appeals
Seal of the Executive Office for Immigration Review.svg
Seal of the Executive Office for Immigration Review
Agency overview
Formed1940
Jurisdiction Federal government of the United States
Headquarters Falls Church, Virginia
Agency executives
  • David Neal [1] , Acting EOIR Director
  • David H. Wetmore, Chief Appellate Immigration Judge
Parent agency Executive Office for Immigration Review, Department of Justice
Website Board of Immigration Appeals

The Board of Immigration Appeals (BIA) is an administrative 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 courts and certain actions of U.S. Citizenship Immigration Services, 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. [2] [3]

Contents

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 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. [2]

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. [2]

Congress continued to adjust the immigration system over the coming decades. In 1903, Congress moved immigration functions from the Treasury to the newly created Department of Commerce and Labor. Ten years later, Congress split the Department of Commerce and Labor into a Department of Commerce and a Department of Labor, and assigned responsibility for the immigration system to the latter. [2]

1917–1940: Board of Review, Immigration and Naturalization Service created

In 1917, Congress passed the Immigration Act of 1917 that reformed the provisions governing the exclusion and deportation of immigrants. [2]

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 Secretary of Labor established a Board of Review to handle the increased caseload and recommend decisions. [2]

In 1933, Executive Order 6166 centralized all immigration functions within a new Immigration and Naturalization Service in the Department of Labor. [4]

1940–1983: Board of Immigration Appeals created

In 1940, President Roosevelt moved the INS to the Department of Justice. The 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. [5]

In 1952, Congress replaced the complex network of immigration laws with a single statute, titled the 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. [2] [6]

1983–present: Executive Office for Immigration Review created and other reforms

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. [7] [8]

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. [9] 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. [7]

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 Department of Homeland Security. [7]

Jurisdiction

The BIA reviews the decisions of the U.S. immigration courts, 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. [10] 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. [11] There are currently 28 volumes of administrative precedent decisions under the Immigration and Nationality laws encompassing decisions dating back to 1940. [12] BIA precedent decisions are legally binding on all components of the 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 [13] 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. [14] 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. [15] Decisions issued by the BIA are by three-member panels in limited circumstances. [16] Otherwise, the vast majority of cases are decided by single panel members. [16] In certain circumstances, a single panel member can use a process called summary affirmance to affirm the lower court without issuing a written decision. [16] [17] [18]

Current members

As of August 18, 2023: [14]

TitleNameTerm beganAppointed by
Chief Appellate Immigration JudgeDavid H. WetmoreMay 2020 William Barr
Deputy Chief Appellate Immigration JudgeCharles Adkins-BlanchJanuary 2013 Eric Holder
Deputy Chief Appellate Immigration JudgeGarry D. MalphrusSeptember 2020 William Barr
Appellate Immigration JudgeMichael P. BairdAugust 2020 William Barr
Appellate Immigration JudgeKatharine E. ClarkAugust 2023 Merrick Garland
Appellate Immigration JudgeMichael J. CreppyFebruary 2011 Eric Holder
Appellate Immigration JudgeDeborah K. GoodwinAugust 2019 William Barr
Appellate Immigration JudgeStephanie E. GormanAugust 2019 William Barr
Appellate Immigration JudgeAnne J. GreerAugust 2008 Michael Mukasey
Appellate Immigration JudgeKeith E. HunsuckerAugust 2019 William Barr
Appellate Immigration JudgeBeth LiebmannApril 2022 Merrick Garland
Appellate Immigration JudgeEllen LiebowitzFebruary 2016 Loretta Lynch
Appellate Immigration JudgeSunita B. MahtabfarAugust 2020 William Barr
Appellate Immigration JudgeAna Landazabal MannNovember 2011 Eric Holder
Appellate Immigration JudgePhilip J. Montante, Jr.April 2020 William Barr
Appellate Immigration JudgeHugh MullaneAugust 2008 Michael Mukasey
Appellate Immigration JudgeBlair O'ConnorFebruary 2016 Loretta Lynch
Appellate Immigration JudgeSirce E. OwenAugust 2020 William Barr
Appellate Immigration JudgeAaron R. PettyApril 2020 William Barr
Appellate Immigration JudgeAndrea SaenzOctober 2021 Merrick Garland
Temporary Appellate Immigration JudgeErika L. BorkowskiMarch 2023 Merrick Garland
Temporary Appellate Immigration JudgeJohn CrossettOctober 2022 Merrick Garland
Temporary Appellate Immigration JudgeS. Kathleen PepperSeptember 2022 Merrick Garland

See also

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References

  1. ↑ "Meet the Director". www.justice.gov. 2017-05-30. Retrieved 2021-10-04.
  2. 1 2 3 4 5 6 7 United States Department of Justice (2015-01-13). "Evolution of the Executive Office for Immigration Review, Pre-1983". www.justice.gov. Archived from the original on 2021-01-23. Retrieved 2021-02-05.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  3. ↑ United States Department of Justice (September 4, 1940). "5 Fed Reg 3502" (PDF). United States Department of Justice. Archived (PDF) from the original on May 9, 2017. Retrieved February 5, 2021.
  4. ↑ "Records of the Immigration and Naturalization Service [INS]". National Archives. 2016-08-15. Archived from the original on 2021-01-26. Retrieved 2021-02-25.
  5. ↑ United States Department of Justice (September 4, 1940). "5 Fed. Reg. 3502" (PDF). United States Department of Justice. Archived (PDF) from the original on May 9, 2017. Retrieved February 25, 2021.
  6. ↑ United States Department of Justice (April 4, 1973). "Fed. Reg. 8590" (PDF). United States Department of Justice. Archived (PDF) from the original on December 19, 2020. Retrieved February 25, 2021.
  7. 1 2 3 United States Department of Justice (2015-01-13). "Evolution of the Executive Office of Immigration Review, Post-1983". www.justice.gov. Archived from the original on 2021-01-23. Retrieved 2021-02-25.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  8. ↑ United States Department of Justice (February 25, 1983). "48 Fed. Reg. 8038" (PDF). United States Department of Justice. Archived (PDF) from the original on November 15, 2020. Retrieved February 25, 2021.
  9. ↑ United States Department of Justice (November 24, 1987). "52 Fed. Reg. 44971" (PDF). United States Department of Justice. Archived (PDF) from the original on May 9, 2017. Retrieved February 25, 2021.
  10. ↑ "AMERICAN BAR ASSOCIATION COMMISSION ON IMMIGRATION REPORT TO THE HOUSE OF DELEGATES" (PDF). Archived (PDF) from the original on 2018-04-13. Retrieved 2021-01-29.
  11. ↑ "Precedent Decisions". USCIS. Archived from the original on 2018-01-28. Retrieved 2018-01-24.
  12. ↑ "Comprehensive List of Articles on Attorney General and BIA Precedent Decisions | myattorneyusa". myattorneyusa.com. Archived from the original on 2018-01-25. Retrieved 2018-01-24.
  13. ↑ "Board of Immigration Appeals Practice Manual". Executive Office of Immigration Review - U.S. Department of Justice. 24 December 2023. Retrieved 24 December 2023.
  14. 1 2 "Board of Immigration Appeals". www.justice.gov. 2015-01-13. Archived from the original on 2020-12-27. Retrieved 2021-01-26.
  15. ↑ "eCFR :: Title 8". ecfr.federalregister.gov. Archived from the original on 2020-12-29. Retrieved 2021-01-26.
  16. 1 2 3 8 CFR 1003.1
  17. ↑ "Fact Sheet: BIA Restructuring and Streamlining Procedures". Archived from the original on January 8, 2013.
  18. ↑ "Fact Sheet: EOIR's Improvement Measures –– Progress Overview" (PDF). Archived from the original (PDF) on June 1, 2013.
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