Board of Immigration Appeals The Board of Immigration Appeals, also known as BIA, falls within the Executive Office for Immigration Review, which itself is part of the Federal Department of Justice. § 1003.1 Organization, jurisdiction, and powers of the Board of Immigration Appeals.  [^] 8 C.F.R. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision.. (B) The Board may provide notice to both parties that in order to complete adjudication of the appeal the case is being placed on hold until such time as all identity, law enforcement, or security investigations or examinations are completed or updated and the results have been reported to the Board. Board of Immigration Appeals (BIA) Legal Services Resources for Immigrants: San Mateo County State Bar of California * 2019 grant recipient of the State Bar - … Executive Office for Immigration Review Board of Immigration Appeals A notice to appear that does not include the address of the Immigration Court where the Department of Homeland Security will file the charging document, see 8 C.F.R. Most employment-based immigrant and nonimmigrant visa petitions (Forms I-140 and I-129); EB-5 immigrant investor petitions (Form I-526) and Regional Center applications (Form I-924); Temporary Protected Status applications (Form I-821); Applications for a waiver of inadmissibility (Form I-601); Applications for permission to reapply for admission after removal (Form I-212); Certain special immigrant visa petitions (Form I-360, except for Form I-360 widower appeals, which are appealable to the Board); Orphan petitions (Forms I-600/I-600A and I-800/I-800A); T visa applications for victims of human trafficking (Form I-914), U visa petitions for victims of criminal activity (Form I-918), and the related adjustment of status applications (Form I-485); Applications for certificates of citizenship (Form N-600) and applications to replace certificates of naturalization and citizenship (Form N-565); Applications to preserve residence for naturalization purposes (Form N-470); and. (4) Decisions involving administrative fines and penalties, including mitigation thereof, as provided in part 280 of this chapter. See Chapter 1.6 for more information about the Board. (v) The Chairman shall notify the Director of EOIR and the Attorney General if a Board member consistently fails to meet the assigned deadlines for the disposition of appeals, or otherwise fails to adhere to the standards of the case management system. For more information about motions on AAO decisions, see Chapter 4. 60,065, 60,066 (Nov. 22, 1994). The BIA is authorized 23 Appellate Immigration Judges, including a Chief Appellate Immigration Judge and one or two Deputy Chief Appellate Immigration Judges. The Board also reviews USCIS decisions on immigrant petitions for alien relatives (Form I-130). (ii) The Chairman shall have no authority to direct the result of an adjudication assigned to another Board member or to a panel; provided, however, that nothing in this section shall be construed to limit the management authority of the Chairman under paragraph (a)(2)(i) of this section. (i) The Board shall not issue a decision affirming or granting to an alien an immigration status, relief or protection from removal, or other immigration benefit, as provided in 8 CFR 1003.47(b), that requires completion of identity, law enforcement, or security investigations or examinations if: (A) Identity, law enforcement, or security investigations or examinations have not been completed during the proceedings; (B) DHS reports to the Board that the results of prior identity, law enforcement, or security investigations or examinations are no longer current under the standards established by DHS and must be updated; or. 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