Other Fields
Agency Scheme: 
DOJXEOIR0001
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Board of Immigration Appeals
Appeal Office (global name): 
Department of Justice: Board of Immigration Appeals
Sub-Agency/Bureau/Division:: 
Executive Office for Immigration Review
Appeal Officer #1 (Title): 
Board Member
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Appeals are generally document-only and are conducted via a briefing schedule in which briefs from each party must be filed by certain deadlines. However, the Board occasionally grants oral argument at the request of one of the parties, and parties are to present their cases orally to a panel of three or more Board Members in a courtroom setting. (BIA Practice Manual Chapter 8; 8 CFR 1003.1(e)(7)) Cases are selected for oral argument because they meet one or more of a number of criteria, including but not limited to: (i) the resolution of an issue of first impression; (ii) alteration, modification, or clarification of an existing rule of law; (iii) reaffirmation of an existing rule of law; (iv) the resolution of a conflict of authority; and (v) discussion of an issue of significant public interest. BIA Practice Manual Section 8.2(d)
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for appeal hearings (please include CFR citations): 
8 CFR 1003.38
Other published guidance for appeal hearings (if any): 
BIA Practice Manual Chapter 4
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected for appeals heard by this office?: 
By Agency
How many appeal officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
The majority of cases at the Board are adjudicated by a single Board Member. Six categories of cases require a decision by a panel of three Board Members: settling inconsistencies among the rulings of different IJs; establishing a precedent construing the meaning of laws, regulations, or procedures; reviewing a decision by an IJ or DHS official that is not in conformity with the law or with applicable precedents; resolving a case or controversy of major national import; reviewing a clearly erroneous factual determination by an IJ; the need to reverse the decision of an IJ or DHS official in a final order, other than nondiscretionary dispositions. Panel decisions are rendered by majority vote. The Board may, by majority vote or by direction of the Chairman, assign a case or group of cases for full en banc consideration. 8 C.F.R. § 1003.1(a)(5). By regulation, en banc proceedings are not favored.
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
Oral argument is generally open to the public. 8 C.F.R. § 1003.27(a). Absent the express consent of the alien and the agreement of the Board, oral argument is closed to the public in cases involving the following: exclusion proceedings, applications for asylum, applications for withholding of deportation/removal, an abused spouse or child, claims brought under the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. 8 C.F.R. §§ 1003.27, 1208.6, 1240.10(b), 1240.11(c)(3)(i), 1240.32, 1240.33(c)(1). Only parties, their representatives, and persons authorized by the Board in advance, including employees of the Department of Justice, may attend a closed argument. Parties may request, in writing, that their hearings be opened or closed in some cases. BIA Manual 8.5(iii-iv)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (Some Types of Cases)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
Pursuant to Chapter 1.4(h) of the BIA Practice Manual, the decisions of the Board are reviewable in certain federal courts, depending on the nature of the appeal, but no further specification is made.
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
The BIA makes its precedent decisions available for download in the agency's Virtual Law Library on its website. It has also compiled the headnotes from BIA precedent decisions and organized them by topic in its BIA Headnote Interim Decision Chart on the agency website.
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
BIA Practice Manual Section 4.2(h)
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
ADJUDICATORS
Total # of Appeal Officers: 
19
Comments/Notes on Appellate Adjudicators (Optional): 
The BIA is authorized 15 Board members, including a Chairman and Vice Chairman. At present, there are 14 permanent members and 5 temporary Board members. As authorized by 8 C.F.R. § 1003(a)(4), the Director of EOIR may designate immigration judges, retired Board members, retired immigration judges, and current or retired EOIR administrative law judges to act as temporary Board members. With the approval of the Deputy Attorney General, the Director may also designate senior EOIR attorneys who have at least ten years of experience in the field of immigration law. A temporary Board member has the authority of a permanent Board member to adjudicate cases assigned to him or her, except that no temporary Board member may vote on any matter decided by the Board en banc, such as the publication of precedent cases.
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
Verified by Agency: 
Verified