A Respondent may appeal the decision of an Immigration Judge to the Board of Immigration Appeals (BIA), an administrative court which is part of the U.S. Department of Justice. If he chooses not to do, the Immigration Judge’s decision becomes final, although some Immigration Court decisions may be reopened or reconsidered. A branch of the Executive Office for Immigration Review, the BIA reviews the decisions of Immigration Judges and some decisions of U.S.C.I.S., for example, denials of I-130 family-based petitions.
Decisions of the BIA serve as final administrative orders, although some may be appealed to the appropriate circuit court of appeals. The BIA may affirm (agree with) the decision of the agency or Immigration Judge, or may reverse and remand (send back) a case to the Immigration Judge for further action.
Attorney Grégoire has handled numerous appeals before the Board of Immigration Appeals and First Circuit Court of Appeals with success, either obtaining grants of motions to reopen based on ineffective assistance of counsel or the agreement of U.S. attorneys to administratively close removal proceedings, rather than keep a removal order in place. She has also won many motions to reopen filed with Immigration Judges, for example, for clients with old removal orders in absentia or changed circumstances in their home countries warranting a new review of an asylum claim.