What can you do if an Immigration Judge in an asylum or any other proceeding is arbitrary and capricious? Or if a Judge refuses to grant a Motion to Reopen if you were ordered removed in absentia? Or if a Judge fails and/or refuses to grant you a reasonable bond to free you from detention? The Board of Immigration Appeals is the place to go.
The Board is the highest Administrative Court in immigration matters in the United States. This Board reviews decisions of Immigration Judges throughout the U.S., as well as making policy for the Immigration Court. The decisions of the Board are obligatory on Immigration Judges respecting issues of removability and forms of relief. Decisions that are published by the Board are precedents for the entire country and Immigration Judges must follow these rulings.
The precedent decisions of the Board are meant to resolve inconsistencies of various judicial decisions, and to bring into conformity judicial decisions and to decide cases of national importance or to correct Judges who have made clearly erroneous determinations of law or fact.
The Board has no authority over the issue of the length of time granted by a Judge for voluntary departure or to appeals from persons already removed from the U.S. or who have already been ordered deported in absentia; or to question a credible fear determination made by an Immigration Judge or an Asylum Officer, or in reviewing applications for Advance Parole, or adjustment of status of orphan petitions. The Board may not impose its views on the Department of Homeland Security on issues of employment based immigrant visas, waivers of the two year foreign residence requirements for J-1 exchange visitors or employer sanctions.
DEPARTMENT OF HOMELAND SECURITY
The Department of Homeland Security has responsibility for the enforcement of the immigration laws and benefits to be conferred such as citizenship. By contrast the Board of Immigration Appeals and the Courts under the Board define the immigration laws.
The Administrative Appeals office has authority over appeals relating to Immigration’s denials of applications and decisions such as employment based petitions and nonimmigrant visa petitions like H-1s (specialty skilled workers) and L-1s (intracompany transferees); K-1s (fiance(e)s) and J-1 (Waivers of the two year foreign residence requirement) and administrative fines for employer sanctions for hiring illegal aliens without checking their right to work and identity properly.
BOARD OF IMMIGRATION APPEALS SCOPE OF REVIEW
The Board may review clearly erroneous findings of fact by a Judge and even a credibility finding as to questions of law. The Department of Homeland Security may review all appeals of Department of Homeland Security decisions.
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