If you face deportation, you may be able to appeal your case and fight to stay in the country. If you choose this route, you will need to take your case to the Board of Immigration Appeals. This is an administrative body that oversees immigration cases, and it is tasked with “interpreting and applying” immigration laws in the United States. Although the Board of Immigration Appeals might seem daunting, it is possible to navigate this process and pursue positive results alongside an experienced immigration lawyer in Texas. To learn more about your options, consider consulting with one of these lawyers today.
What is the Board of Immigration Appeals?
The Board of Immigration Appeals, also known simply as the “BIA,” is the most important body when it comes to interpreting US immigration law. If there are unclear questions about immigration laws, the BIA is usually tasked with clarifying these issues. It is important to understand that the BIA is not a “court,” and instead it resolves these issues through a “paper review” process.
Can I Appeal My Deportation With the Board of Immigration Appeals?
If a court has ordered your deportation, you generally have the right to appeal the decision via the BIA. You can also appeal decisions made by DHS directors. Although the BIA deals with cases involving aliens, it may also handle cases involving US citizens or businesses. That being said, the Justice Department notes that the majority of all appeals that reach the BIA involve deportations.
One of the most interesting things about the BIA is the fact that non-attorneys can represent clients in these cases. You do not need to be a licensed lawyer to represent a deportee in the BIA, but you do need to be part of an organization recognized by the BIA. In practice, however, most clients hire lawyers before appealing their deportations with the BIA.
How Does the Board of Immigration Appeals Change Immigration Laws?
The BIA has the power to shape American immigration laws for one simple reason: When the BIA issues a decision, all DHS officers and immigration judges must follow the new rule. This is true unless the decision is eventually overruled by the Attorney General or a federal court. There is considerable back-and-forth between the Supreme Court of the United States and the Board of Immigration Appeals, and the two bodies do not always agree.
The Process of Filing an Appeal With the Board of Immigration Appeals
You can file an appeal with the BIA when you receive your decision on deportation from a state court judge. At a certain point, you will have the opportunity to tell the judge that you want to file an appeal. A court officer should give you a form called the Notice of Appeal. Once you receive it, you have 30 days to fill it out and send it to the BIA. Note that the BIA headquarters is located in Virginia, so you will need to mail the form earlier than the 30th day. The BIA must receive your Notice of Appeal by the 30th day.
The Notice of Appeal is not a single document. It is comprised of numerous separate forms, including:
- The EOIR Appeal Form: It is very easy to check the wrong boxes if you’re not sure about how this form works. Generally speaking, you’ll want to check “yes” to filing a written brief and “no” to providing an oral argument. Speak with your immigration lawyer for more information.
- EOIR 26A – Fee Waiver Form: This form is relatively straightforward, and it includes information about the fees involved with your appeal.
- EOIR 33 – Change of Address: This form allows you to provide the BIA with information about your current whereabouts. Note that this form is not necessary if you are being held in detention.
- EOIR 27 – Attorney Form: You do not need to worry about this form if you hire a lawyer. Provide this form to your immigration lawyer and let them fill it out on your behalf. You also don’t need to fill out this form if you choose to represent yourself.
Examples of How the Board of Immigration Appeals Affects Immigration Laws
Within the past few years, the BIA has issued a few decisions that have changed immigration laws in the United States. One example came in April of 2023 when the BIA made a decision regarding virtual hearings and circuit law jurisdiction. Prior to this decision, there was some confusion about which law governs virtual immigration trials. This came after the Third and Fourth Circuit courts reached opposite conclusions concerning one immigration case. The BIA concluded that the “controlling circuit law” should be the law that applies to the geographic location of the immigration court where the “venue” lies.
However, the BIA is not the only body that can affect immigration laws in the United States. Another influential body is the Supreme Court of the United States, which clearly has the power to shape immigration laws. According to Texas Public Radio, The United States Supreme Court’s overturning of the Chevron Doctrine could affect immigration laws across the United States.
In simple terms, the Chevron Doctrine allowed federal agencies to interpret laws in whatever way they liked. Courts were forced to defer to these interpretations under the Chevron Doctrine. With the new change, immigration lawyers could theoretically seek out specific courts that are more likely to interpret immigration laws in a favorable manner. This would obviously benefit immigrants facing deportation. However, courts could also interpret immigration laws in an unfavorable manner, creating what many describe as a “double-edged sword” for immigrants facing deportation.
Find an Experienced Immigration Lawyer in Texas
There may still be hope if you have been threatened with deportation in Texas. A deportation defense lawyer can represent you and take your case to the Board of Immigration Appeals. Effective legal representation in this scenario could make a real difference. Internet research only gets you so far, and you can discuss the specifics of your case in more detail during a consultation. Reach out to Presti Law today to get started with an action plan.