The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. It is authorized to include 23 Appellate Immigration Judges, including a Chief Appellate Immigration Judge and one or two Deputy Chief Appellate Immigration Judges. The BIA is located at Executive Office for Immigration Review (EOIR) headquarters in Falls Church, Virginia.
Generally, the BIA does not conduct courtroom proceedings—it decides appeals by conducting a paper review of cases. But on rare occasions the BIA hears oral arguments of appealed cases—usually at its headquarters.
The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by district directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is an alien, a citizen, or a business firm.
BIA decisions are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a federal court. Most BIA decisions are subject to judicial review in the federal courts. The majority of appeals reaching the BIA involve orders of removal (deportation) and applications for relief from removal.
Other cases before the BIA include the exclusion of aliens applying for admission to the United States; petitions to classify the status of alien relatives for the issuance of preference immigrant visas; fines imposed upon carriers for the violation of immigration laws; and motions for reopening and reconsideration of decisions previously rendered.
The BIA is directed to exercise its independent judgment in hearing appeals for the Attorney General. BIA decisions designated for publication are printed in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the United States.
In Tennessee, as in all states, the Board of Immigration Appeals (BIA) serves as the highest administrative body for interpreting and applying immigration laws. The BIA operates under the Executive Office for Immigration Review (EOIR) and is based in Virginia, but its jurisdiction is nationwide, including Tennessee. The BIA reviews appeals from decisions made by Immigration Judges and Department of Homeland Security (DHS) district directors. While it primarily conducts paper reviews, it occasionally holds oral arguments. Decisions made by the BIA are binding on DHS officers and Immigration Judges unless they are overruled by the Attorney General or a federal court. The BIA's scope includes a variety of cases such as removal proceedings, admission exclusions, visa petitions, and immigration law violations by carriers. BIA decisions can be judicially reviewed by federal courts, and those designated for publication are recorded in bound volumes. The BIA's mandate is to exercise independent judgment on behalf of the Attorney General when hearing appeals.