Call Us Today: 1-800-923-3456

Administrative Review

Review by the Board of Immigration Appeals (“BIA”)

The Board of Immigration Appeals (BIA) is the appellate body designated to review decisions from the immigration court and, in some instances, from the Department of Homeland Security. The BIA is part of the Executive Office for Immigration Review (EOIR), and the EOIR is within the U.S. Department of Justice.

Jurisdiction of the BIA
Court Review of BIA or Immigration Judge Decision
Review by the Attorney General (AG)
Review by the AAO/Regional Commissioner
Review by OCAHO
Review by BALCA

The BIA has appellate jurisdiction under 8 CFR Section 1003.1(b) to hear the following matters:

  1. Final decisions of Immigration Judges in exclusion and deportation cases, except length of time of Voluntary Departure.
  2. Final decisions of Immigration Judges in removal cases, except: (a) where the sole ground is the length of time of voluntary departure; (b) when there is an in absentia order in deportation or exclusion; (c) when there is an in absentia order in removal proceedings.
  3. Decisions on cancellation of removal applications in removal proceedings, adjustment of status and decisions on former INA Section 212(c) applications raised in deportation and exclusion proceedings, but not decisions before the District Director.
  4. Decisions involving fines, penalties, and mitigation of them.
  5. Decisions for all preference petitions (except employment based and orphan petitions) and revalidation and revocation of those petitions. However, jurisdiction extends only to discretionary revocation and the BIA has no authority to review automatic revocation. The BIA has no authority to hear appeals of a beneficiary. It can only hear appeals of the petitioners. However, some courts have held that the beneficiary has standing to sue.
  6. Decisions on waivers of inadmissibility for nonimmigrants under INA section 212(d)(3).
  7. Determinations relating to bond and detention in removal, except for persons deemed inadmissible or subject to mandatory detention (unless application of mandatory detention is challenged) and determination relating to bond and detention in deportation but not exclusion cases.
  8. Determination to continue detention beyond removal period made by an immigration judge.
  9. Decisions relating to asylum, withholding of removal, CAT claims or Immigration Judge’s decision of Temporary Protected Status.
  10. Decisions by Immigration Judge relating to the LIFE Act.
  11. The BIA will entertain an interlocutory appeal where a significant issue is raised that affects the administration of the immigration laws.

Court Review, of BIA or IJ Decision

If the Board of Immigration Appeals (BIA) writes a reasoned decision, the Court’s review is of the BIA’s decision, not the decision of the Immigration Judge. But when the BIA summarily adopts an Immigration Judge’s decision, the Courts will review the Immigration Judge’s decision as if it were the Board’s decision.

Review is sought in the Circuit Court of Appeals having jurisdiction over the location of the Immigration Judge’s decision.

Review by the Attorney General (AG)

The AG may review a BIA decision upon request from either the BIA, the Director of Homeland Security, or the AG himself. The AG, unlike the Board, engages in de novo review on all aspects of the case.

The BIA’s decision remains binding on the DHS and IJs while certification is pending before the AG.

Review by the AAO/Regional Commissioner

The Associate Commissioner for Examinations, through the Administrative Appeals Office (AAO), has jurisdiction concerning decisions on:

  1. Bond breaches.
  2. I-140 preference petitions, except when the denial of the petition is based upon the lack of a labor certification or perm.
  3. Indochinese applications for adjustment of status.
  4. Revoking approved petitions.
  5. Applications for permission to reapply for admission into the US after deportation or removal.
  6. Applications for waiver of certain grounds of excludability INA Sections 212(h) and (i).
  7. E waivers.
  8. Petitions for temporary workers or trainee (H and L visa) and Fiances.
  9. Petitions for approval of schools or the decision of the IJ to withdraw the approval of schools.
  10. Applications for re-entry permits.
  11. Applications for refugee travel documents.
  12. Application of adjustment of status of certain diplomats.
  13. Application of certain LPR to non-immigrant status.
  14. Applications related to naturalization.
  15. Applications by organizations to be listed for free service.
  16. Amerasian petitions.
  17. Revocation of non-immigrant petitions.
  18. Orphan petitions.
  19. Invalidation of temporary labor certifications from Guam.
  20. Applications concerning temporary or permanent residence under IRCA.
  21. Petitions for special immigrant juveniles.
  22. Applications for adjustment based upon the bona fide marriage exception in INA section 245(e) concerning 2 year foreign residency. Legalization Appeals Unit (LAU) reviews legalization appeals.

Review by OCAHO

The Office of Chief Administrative Hearing Officer (OCAHO) oversees the administrative law judge (ALJ) proceedings in unfair immigration related employment practices: employer sanctions cases, and now fine proceedings.

There are no administrative appeals over unfair immigration related employment practice cases and no appeal of right over employer sanctions cases. In employer sanctions cases, the Chief Administrative Hearing Officer may conduct a review if he/she deems it appropriate even if a party has not made a request for review. Also, any party may file a request for review within 10 days of the ALJ’s decision requesting a review of legal issues.

Review by BALCA

The Board of Alien Labor Certification Appeals (BALCA) was established to review labor certification denials. It is also authorized to hear appeals of denials (to healthcare facilities) or appeals of approvals (by interested third parties) of attestations of healthcare facilities in regard to H-1A nurses.

To speak with an Immigration attorney, call us toll free at 1–800–923–3456 or contact us online to discuss your legal matter today.

FREE CONSULTATION

  • captcha
Bill Grabler handled several comp case's for me including permanent worker's comp. He did a fantastic job.
, Jul 21, 2016
Thank you very much you guys were helpful compassionate in my situation I really appreciate the ladys in Perth Amboy are very nice I recently send it a friend and she has the same opinion.
, May 24, 2016
I would like to say thank you to ALL at Garces, Grabler, & Lebrocq. I believe all work with great integrity. The patience and effectiveness really shows in my life. From car accident to divorce. Purchasing home. Even with help making my dreams come true and starting my own business. I appreciate ALL. Definitely know I will always be in good hands. Thanks!!!
, Oct 20, 2017
A well-prepared staff who handled everything we asked. Made us feel welcome and handled everything professionally.
, Jun 13, 2016
Saved my life twice!!
, Jul 13, 2016
Great Experience. Wouldn't hesitate to give you a call back when i mess up again. Great Service, Great Lawyer. Couldnt ask for more. Thank You Guys Once Again.
, Jul 23, 2016
You guys are number 1 for me! always have an answer to help people
, Dec 21, 2017
The Lawyers were very friendly and knowledgeable. If I need a lawyer in the future, they would my go to attorneys.
, Jun 13, 2016
Robert White III, Esq. was professional and efficient in every step of the process. From dealing with my Worker's Comp insurance to making sure I got the best care with a skilled neurosurgeon and making sure my case was handled fairly by a judge and the court system. I would definitely recommend Garces, Grabler and LeBrocq for anyone who was in need of representation for such matters.
, Mar 28, 2017
The best In Plainfield, Thanks Garces+Grabler+Lebrocq for your help! Beating my case and my wife case.
, Jun 15, 2016
Knowledgeable, helpful, and friendly guy. Thanks for the service!
, Jun 13, 2016
They have done great work for me and my family.
, Oct 9, 2016
Google
Buen trabajo. Muchas gracias.
, Oct 23, 2016
Muy buen servicio al cliente y buenos abogados
, Jul 27, 2016
Google
Great attorney , Pat Vella . Got all points dropped from my record . I owe this man 100xs over ! Thank you !
, Oct 21, 2016
Thanks for everything my life change Good bless thanks
, Jul 21, 2016
Excellent Lawyers and paralegals. They kept me informed and updated on the progression of my case. I was pleased and will be referring others to them. Outstanding customer service.
, Jul 22, 2016
Thanks for helping and you have the best service
, Jul 26, 2016
Very professional I'm very happy with their service.
, Aug 29, 2017
This firm is everything a law firm should be in this diversified world we live in today. The entire staff & attorneys are always on top of your legal matter. You can rest & trust that you are going to receive the best legal advice possible. The staff makes you feel at home with them. They are always extremely personable & knowledgeable about whatever issue they are handling for you. I love them & would highly recommend them to everyone & anyone.
, Dec 7, 2017
Great expletive with Esq Arindo. He is practical, honest, and thorough. I really appreciate his help.
, Jun 16, 2016
Mr. Lebroq is an excellent Attorney. The office staff has always been prompt , respectful and helpful. I highly recommend this firm.
, Oct 10, 2015
Like to thank u for your profession and with my traffic ticket
, Jul 24, 2016
Perfect !!!!!!
, Oct 7, 2016
La atención muy eficaz son muy profesional me sentí muy sastifecho gracias
, Jul 5, 2017
Really good and reliable service This is my second time using your services and I always come out wining.
, Oct 21, 2016
They were very helpful and address any questions I had about my case.Great team, very happy overall
, Nov 22, 2017
Google
Se los recomiendo muy buen abogado y lucha asta conseguir lo mejor para el cliente
, May 26, 2016
Everyone in the office was very nice and pleasing. I had a sense of comfort when i walked into the door.
, Jan 9, 2018
very satisfied with the outcome. You did a very good job
, Dec 26, 2016
Very professional and know what they're doing which is hard to find nowadays. Arlindo Araujo was very clear, precise, and on point!!!
, Jul 20, 2016
The best lawyers and Their excellent assistants
, Jun 14, 2016
Buenos profesionales, excelente trabajo....
, Jul 10, 2017
Extraordinary, very satisfied
, Oct 11, 2016
I was very pleased with the service from your firm, especially my attorney Allen, he always returned mu calls and was very courteous.
, Jul 18, 2017
Estoi satifecha por supervisio grasia a
, May 16, 2016
The BEST I WILL RECOMMEND
, Aug 3, 2016
Johnathan Kessous did a fantastic job handling my case. I hope i never need his expertise again...but if I do, he would be my first choice for legal representation. I had gotten a speeding ticket on the NJTPK going 84 in a 55 which resulted in a state trooper issuing me a 5 point ticket. Johnathan got it reduced down to zero points... just a fine.
, Oct 4, 2017
Son exelentes abogados muy honestos y muy responsables con sus clientes y sobretodo muy amables poreso yo tengo mucha confianza en ellos y. Poreso los he recomendado ampliamente con otras personas
, Oct 22, 2017
Very satisfied
, Aug 3, 2016
Best lawyer I ever had
, Nov 9, 2017
Great service and support from start to end.
, Jun 15, 2016
Thank you for your help and good job
, Oct 17, 2017
Excellent service would recommend to others
, Feb 7, 2017
Muy bueno y excelente
, May 21, 2016
Excellent highly recommended
, May 25, 2016
Son buenos los mejores abogados buen equipo en general
, Jul 7, 2017
Yous are the best of the best thank you for your service
, Sep 12, 2015
Los mejores abogados gran equipo
, Jul 7, 2017
Google
I would highly recommend this law firm to anyone. The service was epicable. Very thorough, efficient and friendly. It was a pleasure having you represent me.
, Jul 8, 2017
Excelente
, May 23, 2016
Felt very well taken care of. Excellent!!!!!
, Jul 19, 2016
Sarita was great, she sealed with every detail of the process. i recommend this firm
, Jun 22, 2017
He helped me fight a battle that I put off for years. Thank you so much for your services.
, Aug 31, 2016
EL ABOGADO GARCES Y SU EQUIPO SIEMPRE ESTÁN LISTOS PARA DEFENDER LOS CASOS DE LA COMUNIDAD LATNA CON HONESTIDAD Y GRAN PROFESIONALISMO.
, Jan 5, 2017
Facebook
Great people they do help thank you for everything you've done
, Jul 18, 2017
Arlindo and Gisela were extremely helpful. They told us exactly what to do, what we could expect and gave us options for working with our situation. Thank you!
, Oct 26, 2017
Gracias x hacer todo lo posible dios los bendiga
, Aug 3, 2016
Great lawyers great service highly recommended
, Dec 29, 2017
Google
I was satisfied, and the service was very good, my lawyer was very professional and did a great job.
, Feb 3, 2017
Buenos profesionales, completamente satisfecho con sus servicios
, Jul 11, 2017
Far exceeded my expectations. Mr. Vella was confident and professional. Should I require legal assistance in the future I won't hesitate to call them.
, Oct 21, 2016
I can honestly state that JONATHAN is an excellant negotiator and timely attorney, whom prepares you for the worst and gets you the best.
, Jun 12, 2017
Very helpful in getting speeding ticket points reduced.
, Jun 15, 2016
Garces Grabler LeBrocq is the BEST!
, Oct 13, 2017
It was a slow process..but MR.Kotchta and Evelyn were freaking great..i cant say any more about them to..they always answered my questions in a professional manner while i was being an pain in the butt with them..👍👍👍👍
, Sep 7, 2016
Google
I found my attorney, Mr. Kessous, to be highly professional, knowledgeable, friendly and effective. He was highly responsive to my questions and concerns and easy to work with, and achieved the desired settlement for me in regard to my traffic ticket. If I were in the same situation all over again, I would choose to work with him without hesitation, and expect that if I were to face a similar situation in the foreseeable future, I would contact him. I would also provide his name with the highest recommendation to others in the area for such problems. (I also found his assistant, Gabriela Vargas, to be quite responsive and helpful as well.) Thanks again for all of your help!
, Jan 25, 2017
Awesome job , very pleased with the outcome of my case !
, Jan 4, 2017
Very satisfied! Exceptional service! Highly recommend!
, Jun 14, 2016
The lawyer Ana bontempo very profesional.
, Jul 19, 2016
Anna is the best lawyer I ever had the pleasure to hander my case, very knowledgeable in workers comp law, I would recommend to anyone.
, Jul 10, 2017
Thank you Mr. Lawrence LeBrocq, I have no words for the amount of appreciation I have for what you've just done.
, May 9, 2017
Thank you, for your help throughout this difficult time. It’s been a pleasure working with you guys. Highly recommended
, Jan 6, 2018
I HAVE BEEN A CLIENT FOR A YEAR NOW(JUNE 2016)AND THE FIRM HAS BEEN DIRECT AND HANDS ON WITH ME ON EVERY ASPECT.
, Jul 6, 2017
Muchas gracias. Exelente abogado yo se lo recomiendo alas personas por ser muy buen abogado
, Jul 8, 2017
Less then a year the lawyer from GGL resolved my case ,,, it is the second time they help me !!!
, Sep 28, 2017
Great service,would recommend to anybody!
, Jul 10, 2017
I would love to sincerely thank you for your patience and assurance during the whole period. It was very easy to get hold of you even on the phone and you always explained things to the best of your ability to me. I would quickly and highly recommend you to anyone who may have a case like the one i had. Thank you.
, Jul 7, 2017
Thank you very much for all your help and great service!
, Mar 22, 2017
I had the good fortune of Mr. Pasquale Vella representing in a matter that I had deemed a bleak one, with no positive outcome in sight. Vella assured me that he would work hard to get me the best results possible, and that is exactly what he did. He worked tirelessly making sure he covered all possible angles, and in the end I was extremely pleased with his services. Vella proved to be diligent, aggressive in yielding results, and very professional, all while maintaining a communicative yet good natured rapport with me as his client. I would most certainly use his services again in the future as well as highly recommend him to anyone in need of a great criminal defense attorney.
, Nov 9, 2016
Tuve una buena experiensia confien son los mejore.yo tube dos caso y sali muy bien gracias a ellos
, May 7, 2016
I was very impressed with the professionalism and quick turn-around time from all the participants from GGL that assisted me. I would like to especially thank my attorney Jonathan Kessous. His credentials are very notable he is one of four attorneys throughout the entire state of NJ certified by the NJ Supreme Court as a Trial Specialist in both Criminal and Municipal Court Law matters. My case was very serious and could have resulted in jail time or suspension of my license. Jonathan was able to resolve my case very favorably. I am extremely thankful for his assistance. I would also like to recognize and thank his Paralegal Jasmin Caba and his Personal Assistant Marianne Crisitello for their assistance in communicating and preparing me for my trial. They are a great team and I would highly recommend them.
, Feb 27, 2017
Estuvo bien gracias muchas gracias
, Jul 12, 2017
Los mejores
, Jul 7, 2017
Estoy feliz por el trabajo que hisieron, gracias por todo.
, Oct 5, 2017
They were very effective in getting my ticket and fines knocked down to lesser offence. I appreciate all their help.
, Jul 15, 2017
Excelentes abogados
, May 8, 2016
My lawyer Pat was very efficient on my case and I definitely give GGL 5 stars
, Oct 23, 2016
When it comes to traffic John K gets the job done in the courtroom Job Well Done
, Aug 16, 2017
Google
Very happy with the services provided - was dealing with Arlindo and his assistant Gisela. My case was dealt with in a timely manner, with no errors, and all advice was spot on. Will definitely use them again in the future.
, Apr 3, 2017
Google
Joe Delgado was the best attorney anyone could ever have! I had a very complicated case but he took it and we won!!
, Sep 28, 2017
Muy buenos abogados se los recomiendo
, Jun 8, 2017
Outstanding service very professional attorneys thumbs up all the way
, Feb 4, 2017
The best!!!
, Jul 6, 2017
I love when a team gets together and get the job done with out me calling to see how everything moving along. I will always recommend this firm to anyone . Go team
, Oct 20, 2017
Very good i will recommend your services to other people
, Mar 2, 2017
Everyone in the office is exceptional and very helpful. Thank you for helping me win my case!
, Feb 17, 2017
Great representation.
, Nov 3, 2017
Very please with law firm
, Apr 2, 2017
Lo mejor de lo mejor como abogados para mi caso de compensación de trabajo gracias a tan buen equipo en general y sus secretarias tambien que se esperan en ayudarte gracias de nuevo
, Jan 31, 2018