What Is the Board of Immigration Appeals (BIA)?
When an immigration judge rules against you, that decision is not always the end of the case. The Board of Immigration Appeals (BIA) is the body that reviews appeals from immigration judges and certain Department of Homeland Security decisions, and a successful appeal can undo or change an unfavorable ruling. Understanding what the BIA does, and what it does not do, is the starting point for deciding whether and how to appeal.
What the BIA Does
The Board of Immigration Appeals is the highest administrative body for interpreting and applying U.S. immigration law. It sits within the Executive Office for Immigration Review (EOIR), part of the U.S. Department of Justice, and has nationwide jurisdiction. Its headquarters are in Falls Church, Virginia.
The BIA reviews appeals from decisions made by immigration judges and, in certain matters, by Department of Homeland Security (DHS) officials. Its decisions bind immigration judges and DHS officers nationwide unless overruled by the Attorney General or a federal court. Because the BIA is an administrative body rather than part of the federal judiciary, its decisions can in turn be appealed to the federal Courts of Appeals.
Only a licensed attorney or an accredited representative may represent someone in proceedings before the BIA.
What Appeals Does the BIA Review?
The BIA reviews appeals from immigration judges and, on occasion, from DHS officials. It does not review decisions made by U.S. Citizenship and Immigration Services (USCIS), the agency that handles most immigration applications and petitions.
An appeal from a USCIS decision generally goes to the Administrative Appeals Office (AAO), not the BIA, often through a motion to reconsider or reopen. The two tracks are easy to confuse, and filing in the wrong place can cost someone a successful appeal. If you are not sure whether an immigration judge, DHS, or USCIS issued the decision you want to challenge, an immigration litigation attorney can help you identify the right path before a deadline passes.
Which Decisions the BIA Reviews
The BIA reviews two broad categories of decisions: those made by immigration judges and, less often, those made by DHS.
Decisions Made by Immigration Judges
Most BIA appeals come from immigration judge decisions, including:
- Asylum denials
- Removal and deportation orders
- Exclusion orders
- Denials of motions to reopen
- Denials of motions to reconsider
- Bond determinations
The BIA does not review an immigration judge’s credible fear or reasonable fear determinations. Credible fear refers to a person’s fear of persecution based on race, religion, nationality, or membership in a particular social or political group, and it is assessed early in the asylum process. If an asylum officer or judge finds no credible fear, removal proceedings will usually follow.
Decisions Made by DHS
The BIA reviews a narrower set of DHS decisions, including:
- Certain DHS-imposed fines and penalties for immigration violations
- Denials of certain immigrant relative petitions
- Certain waivers of inadmissibility
Adjustment of status is decided by USCIS, not reviewed by the BIA. If an adjustment application is denied and the decision is appealable, that appeal generally goes to the AAO. Confirming which body has authority over a given denial is worth doing early, with an attorney’s help.
Typical BIA Cases
The majority of BIA cases are appeals of removal or deportation orders. Many also involve applications for relief from removal, where a person seeks a qualifying immigration benefit while in removal proceedings to avoid deportation. These can include adjustment to permanent resident status, cancellation of removal, and certain waivers of inadmissibility.
How to Appeal a Decision to the BIA
To appeal an immigration judge’s decision, you file a Notice of Appeal, Form EOIR-26, with the BIA. The notice must identify the specific findings of fact or conclusions of law you are challenging. Most appeals also require a filing fee—currently $1,030, as of June 2026—or a fee waiver request on Form EOIR-26A for those who cannot afford it.
The Appeal Deadline
The Notice of Appeal must be received by the BIA within 30 calendar days of the immigration judge’s decision. The 30 days are counted as calendar days, including weekends and holidays, and the BIA goes by the date it actually receives the notice, not the date it was mailed. The Board does not generally extend this deadline.
A note on timing: in early 2026, the Department of Justice issued a rule that sought to shorten this deadline, and parts of it are being challenged in court. As of mid-2026, the 30-day deadline remains in effect after a federal court blocked the shorter window, but the rules in this area are changing. Because the consequences of missing the deadline are severe, confirm the current deadline that applies to your case with an attorney as soon as you receive a decision.
Frequently Asked Questions
Is there any authority above the BIA?
Yes. Although the BIA is the highest administrative body for immigration law, its decisions are not the last word. A BIA decision can be appealed to the appropriate federal Court of Appeals, generally within 30 days of the BIA’s decision. That step moves the case out of the administrative system and into the federal judiciary.
Where is the BIA located?
The BIA has a single office, at EOIR headquarters in Falls Church, Virginia. The general address is 5019 Leesburg Pike, Falls Church, VA 22041. To reach a specific office within EOIR, the DOJ EOIR contact page lists current suite numbers and contacts.
Will I have to appear at the BIA in person?
Rarely. The BIA decides most appeals through a “paper review” of the case record rather than a courtroom hearing, so in most cases you submit written materials and do not travel to Virginia. The BIA occasionally hears oral argument, predominantly at its headquarters, but that is the exception rather than the rule.
Do I need an attorney for a BIA appeal?
You have the right to represent yourself before the BIA. That said, an appeal is demanding work. You have to show that the immigration judge or DHS made a legal or factual error, which calls for a command of immigration law and familiarity with how the BIA has decided similar cases.
Because most BIA reviews happen on paper, the written record carries the case. The brief and supporting materials must be organized and prepared to the Board’s standards, and procedural missteps can end an appeal before it reaches the merits. Where oral argument is available, having an attorney to present it can matter a great deal.
What is the processing time for a BIA appeal?
A BIA appeal typically takes six to twelve months, though complex cases and backlogs can extend that timeline. Processing times shift with the Board’s caseload.
Can I request an extension?
The Department of Justice has stated that extension requests are not favored. The BIA can extend certain deadlines in limited circumstances, but it is uncommon, which is another reason to begin an appeal as early as possible rather than relying on additional time.
How can I check my BIA case status?
The EOIR automated case information line at 1-800-898-7180 provides case status, appeal and brief due dates, filing information, decision outcomes, and hearing details. For other BIA case status questions, including appeals, motions, stays of removal, decisions, and changes of address, the BIA’s clerk line is 703-605-1007.
Contact an Immigration Attorney Today
The attorneys at Scott D. Pollock & Associates, P.C. have over three decades of experience representing people who have received unfavorable decisions from an immigration judge or DHS, including those in removal proceedings and those who need a deportation defense attorney. A BIA appeal moves on a strict timeline and rests on a well-prepared record, and experienced counsel can make the difference in how an appeal is framed and argued.
If you have received a decision you want to appeal, call 312.444.1940 or fill out our online contact form to talk with our team.