Board of Immigration Appeals
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA is located at EOIR headquarters in Falls Church, Virginia. Generally, the BIA does not conduct courtroom proceedings - it decides appeals by conducting a "paper review" of cases. On rare occasions, however, the BIA hears oral arguments of appealed cases, predominately at headquarters.
The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by district directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is an alien, a citizen, or a business firm.
BIA decisions are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a federal court. Most BIA decisions are subject to judicial review in the federal courts. The majority of appeals reaching the BIA involve orders of removal and applications for relief from removal. Other cases before the BIA include the exclusion of aliens applying for admission to the United States, petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of immigration laws, and motions for reopening and reconsideration of decisions previously rendered.
The BIA is directed to exercise its independent judgment in hearing appeals for the Attorney General. BIA decisions designated for publication are printed in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the United States.
Meet the Board of Immigration Appeals
Garry Malphrus has served as Acting Chief Appellate Immigration Judge since January 2025. Judge Malphrus earned a Bachelor of Arts, magna cum laude, in 1989 from the University of South Carolina and a Juris Doctor (Order of the Coif) in 1993 from the University of South Carolina. From August 2008 to January 2025, he served on the Board of Immigration Appeals, including as a Deputy Chief Appellate Immigration Judge from September 2020 to January 2025 and the acting Chief Appellate Immigration Judge from October 2019 to May 2020. From 2005 to 2008, he served as an Immigration Judge at the Arlington Immigration Court. From 2001 to 2005, he served as associate director of the White House Domestic Policy Council. From 1997 to 2001, he worked for the U.S. Senate Committee on the Judiciary, which included serving as chief counsel and staff director on the Subcommittee on Criminal Justice Oversight and the Subcommittee on the Constitution. From 1995 to 1997, he served as a law clerk for the Honorable Dennis W. Shedd, U.S. District Judge for the District of South Carolina. From 1994 to 1995, he was a law clerk for the Honorable William W. Wilkins of the U.S. Court of Appeals for the Fourth Circuit. From 1993 to 1994, he was a law clerk for the Honorable Larry R. Patterson, Circuit Judge for South Carolina. Judge Malphrus is a member of the South Carolina Bar and the District of Columbia Bar.
Garry Malphrus has served as Acting Chief Appellate Immigration Judge since January 2025. Judge Malphrus earned a Bachelor of Arts, magna cum laude, in 1989 from the University of South Carolina and a Juris Doctor (Order of the Coif) in 1993 from the University of South Carolina. From August 2008 to January 2025, he served on the Board of Immigration Appeals, including as a Deputy Chief Appellate Immigration Judge from September 2020 to January 2025 and the acting Chief Appellate Immigration Judge from October 2019 to May 2020. From 2005 to 2008, he served as an Immigration Judge at the Arlington Immigration Court. From 2001 to 2005, he served as associate director of the White House Domestic Policy Council. From 1997 to 2001, he worked for the U.S. Senate Committee on the Judiciary, which included serving as chief counsel and staff director on the Subcommittee on Criminal Justice Oversight and the Subcommittee on the Constitution. From 1995 to 1997, he served as a law clerk for the Honorable Dennis W. Shedd, U.S. District Judge for the District of South Carolina. From 1994 to 1995, he was a law clerk for the Honorable William W. Wilkins of the U.S. Court of Appeals for the Fourth Circuit. From 1993 to 1994, he was a law clerk for the Honorable Larry R. Patterson, Circuit Judge for South Carolina. Judge Malphrus is a member of the South Carolina Bar and the District of Columbia Bar.
Attorney General William P. Barr appointed Michael P. Baird as an Appellate Immigration Judge in August 2020. Judge Baird earned a Bachelor of Business Administration in 1989 from Clayton State University and a Juris Doctorate in 1992 from Georgia State University College of Law. From 2009 to 2020, he served as an Immigration Judge first at the Dallas Immigration Court, and then later transferred to the Atlanta Immigration Court. From 2006 to 2009, he served as a senior assistant district attorney in the Appalachian Judicial Circuit, in Georgia. From 2004 to 2006, he served as a judge in the Municipal Court of Jonesboro, Georgia. From 1997 to 2004, he served as Chief Judge for the Magistrate Court of Clayton County, Georgia. From 1995 to 1996, he was in private practice. From 1993 to 1995, he served as senior assistant solicitor general at the Clayton County Solicitor’s Office. From 1992 to 1993, he was in private practice. From 1986 to 1990, he was a police officer. Judge Baird has taught as adjunct faculty at the Georgia State University College of Law, Clayton State University and the University of West Georgia. Judge Baird is a member of the State Bar of Georgia.
Attorney General Merrick B. Garland appointed Erika L. Borkowski as an Appellate Immigration Judge in November 2024. Judge Borkowski earned a Bachelor of Arts, cum laude, in 2002 from Cornell University and a Juris Doctor in 2006 from the University of Pittsburgh School of Law. From 2010 to 2024, she served as an attorney advisor with the Board of Immigration Appeals. During this time, from March 2023 to September 2024, she served as a temporary appellate immigration judge. From 2007 to 2010, she was an assistant chief counsel with the Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security (DHS), in Arlington, Virginia. During this time, from November 2009 to May 2010, she was detailed as an attorney advisor with the Office of the General Counsel, DHS. Judge Borkowski is a member of the District of Columbia Bar and the New York State Bar.
Attorney General Merrick B. Garland appointed Denise Greskowiak Brown as an Appellate Immigration Judge in November 2024. Judge Brown earned a Bachelor of Arts in 1992 from the University of Michigan, Ann Arbor, and a Juris Doctor in 1995 from the Catholic University of America, Columbus School of Law. From November 2023 to 2024, she served as a supervisory attorney advisor, and from July 2007 to November 2023, she served as an attorney advisor, with the Board of Immigration Appeals. During this time, from July 2021 to July 2023, she served as a temporary appellate immigration judge; from March to September 2019, she served on detail as a special assistant U.S. attorney, U.S. Attorney’s Office for the Eastern District of Virginia; and from January to July 2017, she served on detail as a temporary immigration judge at the former Headquarters Immigration Court. From December 1999 to July 2007, she served as an associate general counsel at the Office of General Counsel, Department of the Air Force. Judge Brown is a member of the District of Columbia Bar.
Attorney General Merrick B. Garland appointed Katharine E. Clark as an Appellate Immigration Judge in August 2023. Judge Clark earned a Bachelor of Arts, magna cum laude, in 2003 from Brown University and a Juris Doctorate in 2006 from Georgetown University Law Center. From 2022 to 2023, and 2007 to 2018, she served as a senior litigation counsel and trial attorney at the Office of Immigration Litigation, Civil Division, Department of Justice. From 2019 to 2021, she was a managing attorney at Ayuda in Silver Spring, Maryland, where she also handled cases on a pro bono basis. From 2018 to 2019, she was counsel for the U.S. Senate Judiciary Committee. From 2006 to 2007, she served as a Judicial Law Clerk at the Boston Immigration Court, entering on duty through the Attorney General’s Honors Program. Judge Clark is a member of the Maryland State Bar and the Pennsylvania State Bar.
Attorney General Eric H. Holder appointed Michael J. Creppy as a member of the Board of Immigration Appeals in February 2011. Judge Creppy earned a Bachelor of Arts in 1975 from Fisk University, a Juris Doctorate in 1978 from Howard University School of Law and a Masters of Law in 1979 from Georgetown University Law Center. From April 2006 to February 2011, he served as EOIR’s Chief Administrative Hearing Officer. From May 1994 to April 2006, he served as Chief Immigration Judge, overseeing the numerous immigration courts around the country. Prior to joining EOIR, Judge Creppy worked for the former Immigration and Naturalization Service (INS) in various capacities: from 1988 to 1994, in the Office of the General Counsel as deputy general counsel for litigation; from 1986 to 1988, as an associate general counsel primarily focusing on the employer sanctions and anti-discrimination provisions of the Immigration and Nationality Act; and from 1984 to 1986, as chief legal officer for the INS district office in Los Angeles. From 1983 to 1984, he served as a trial attorney with the Office of Immigration Litigation, Civil Division, Department of Justice. From 1981 to 1983, Judge Creppy was a trial attorney for the former INS district office in New York. From 1979 to 1981 he served as a judicial law clerk for the Superior Court for the District of Columbia. Judge Creppy is a member of the District of Columbia Bar.
Attorney General Merrick B. Garland appointed Joan B. Geller as an appellate immigration judge in May 2024. Judge Geller earned a Bachelor of Arts in 1990 from the University of Wisconsin and a Juris Doctorate in 1994 from the Georgetown University Law Center. From 2003 to 2024, Judge Geller served as an attorney advisor with the Board of Immigration Appeals (BIA), and in 2015, 2016, 2018, 2020, and 2021 she served as a temporary Appellate Immigration Judge with the BIA. From 2002 to 2003, she was deputy staff counsel at the District of Columbia Court of Appeals. From 1996 to 2002, she was a staff attorney at the District of Columbia Court of Appeals. From 1994 to 1996, she was a court law clerk at the District of Columbia Court of Appeals. Judge Geller is a member of the Maryland State Bar and the District of Columbia Bar.
Attorney General William P. Barr appointed Deborah K. Goodwin as a member of the Board of Immigration Appeals in August 2019. Judge Goodwin earned a Bachelor of Arts in 1986 from Wilson College and a Juris Doctor in 2000 from the State University of New York at Buffalo School of Law. From February 2017 to August 2019, Judge Goodwin served as an Immigration Judge in Miami. From 2015 to January 2017, she served as an associate legal advisor for the District Court Litigation Division, Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in the District of Columbia. From 2007 through 2015, she served as an associate counsel for U.S. Citizenship and Immigration Services, DHS, in San Francisco. From 2002 through 2007, she served as an assistant chief counsel for ICE, DHS, and former Immigration and Naturalization Service, in San Francisco. Judge Goodwin is a member of the Florida Bar.
Attorney General William P. Barr appointed Keith E. Hunsucker as a member of the Board of Immigration Appeals in August 2019. Judge Hunsucker earned a Bachelor of Arts, cum laude, in 1984 from the University of Akron and a Juris Doctorate, cum laude, in 1987 from the University of Akron School of Law. From September 2017 to August 2019, Judge Hunsucker served as an Immigration Judge at the Cleveland Immigration Court. From August 2010 to September 2017, Judge Hunsucker served as an Immigration Judge at the Port Isabel Immigration Court. From 2000 to August 2010, he worked as a senior instructor for the Federal Law Enforcement Training Center, Legal Division, Department of Homeland Security, in Glynco, Georgia. From 1992 to 2000, he worked as an attorney for the former Immigration and Naturalization Service (INS), in Atlanta. From 1989 to 1992, he was an attorney for the former INS in Harlingen, Texas. From April 1989 to September 1989, Judge Hunsucker was a law clerk for the Ohio Court of Appeals, 9th Judicial District. From 1988 to 1989, he was in private practice. From 1987 to 1988, Judge Hunsucker worked as an INS attorney in the Attorney General’s Honors Program, in San Francisco. Judge Hunsucker is a member of the Ohio State Bar and District of Columbia Bar.
Attorney General Merrick B. Garland appointed Megan E. Kludt as an Appellate Immigration Judge in November 2024. Judge Kludt earned a Bachelor of Science in 2002 from Georgetown University School of Foreign Service, a Master of International Relations in 2006 from Boston University College of Arts and Sciences, and a Juris Doctor in 2006 from Boston University School of Law. From 2010 to 2024, she worked at Curran, Berger & Kludt in Northampton, Massachusetts, where she was a managing partner from 2020 to 2024, a partner from 2018 to 2020, and an associate from 2010 to 2018. From 2006 to 2010, she was an associate at Joyce & Associates in Boston. Judge Kludt was an adjunct professor at Tufts University and Western New England School of Law and was a visiting DACA fellow at Cornell University. During her time in private practice, she mentored pro bono attorneys and law students as part of the Immigrant Protection Project of Western Massachusetts and was honored as a “pro bono champion” in 2016 by the New England Chapter of the American Immigration Lawyers Association for her work with detained families in 2014 and 2015. Judge Kludt is a member of the Massachusetts State Bar.
Attorney General Merrick B. Garland appointed Gerald Anthony LeMelle as an Appellate Immigration Judge in November 2024. Judge LeMelle earned a Bachelor of Arts in 1984 from Wesleyan University and a Juris Doctor in 1987 from Georgetown University Law Center. From 2018 to 2024, he was a partner at Dunlap, Bennett & Ludwig in Vienna, Virginia, and from 2013 to 2018, he was a senior counsel at Dunlap, Bennett & Ludwig in Leesburg, Virginia. From 2010 to 2018, he was the principal attorney at LeMelle Law Group PLLC in Leesburg, Virginia. From 2016 to 2017, he was the vice president of Operations at OIC of South Florida, in Fort Lauderdale, Florida. From 2007 to 2010, he was the executive director of Africa Action in Washington, D.C. From 1995 to 2007, he was the deputy executive director of Amnesty International USA in Washington, D.C. From 1987 to 1995, he was an immigration attorney/director of programs at Phelps-Stokes Fund in New York City. In 1986, he was an administrative law clerk for the New York State Supreme Court, 9th Judicial Circuit, in White Plains, New York. Judge LeMelle is a member of the District of Columbia Bar.
Attorney General Loretta E. Lynch appointed Ellen Liebowitz as a member of the Board of Immigration Appeals in February 2016. Judge Liebowitz earned a Bachelor of Arts, cum laude, in 1987 from the University of Delaware, and a Juris Doctor, with Honors, in 1990 from the University of Maryland School of Law. From 2008 to January 2016, Judge Liebowitz served as a senior legal advisor with the BIA. During this time, she was also appointed as a temporary Appellate Immigration Judge. From 1991 to 2007, Judge Liebowitz was an attorney advisor for the BIA. She also served on a detail with the Office of the General Counsel for the Executive Office for Immigration Review. Prior to joining the BIA, Judge Liebowitz clerked for the Circuit Court for Harford County, Maryland. Judge Liebowitz is a member of the Maryland Bar.
Attorney General William P. Barr appointed Sunita B. Mahtabfar as an Appellate Immigration Judge in August 2020. Judge Mahtabfar earned a Bachelor of Arts in 1994 from the University of Texas at Austin and a Juris Doctorate in 1998 from Thurgood Marshall School of Law. From 2013 to 2020, she served as an Immigration Judge in the El Paso Immigration Court. From 2006 to 2013, she served as an attorney in the Office of the Assistant Chief Counsel, U.S. Customs and Border Protection, Department of Homeland Security (DHS), in El Paso, Texas. From 2003 to 2006, she served as an asylum officer, U.S. Citizenship and Immigration Services, DHS, in Houston. Judge Mahtabfar is a member of the State Bar of Texas.
Attorney General Eric H. Holder appointed Ana Landazabal Mann as a member of the Board of Immigration Appeals in November 2011. Judge Mann earned a Bachelor of Arts in 1982 from Rutgers University and a Juris Doctorate in 1985 from George Washington University. From 1996 to November 2011, Judge Mann served as a senior legal advisor to the Chairman of the BIA, during which time she also served as a temporary Board Member. From 1986 to 1996, Judge Mann was an attorney advisor for the BIA. Judge Mann joined DOJ through the Attorney General’s Honors Program when she clerked at the Drug Enforcement Administration from 1985 until 1986. Judge Mann is a member of the New Jersey State Bar.
Attorney General William P. Barr appointed Philip J. Montante, Jr. as a member of the Board of Immigration Appeals in April 2020. Judge Montante comes to the Board of Immigration Appeals after serving as an Immigration Judge since 1990, when he was initially appointed by former Attorney General Richard L. Thornburgh. He earned a Bachelor of Business Administration in 1966 from Drake College, a Master of Education in 1967 from Florida Atlantic University, and a Doctor of Jurisprudence in 1971 from Samford University. From March 2019 to April 2020, he served as an assistant chief immigration judge, based in Buffalo, New York. From March 2018 to March 2019, he was an Immigration Judge in Buffalo and Batavia; from July 2016 to March 2018, an Immigration Judge in Orlando; from August 1997 to July 2016, an Immigration Judge in Buffalo; and from April 1990 to August 1997, an Immigration Judge in Miami. From 1975 to 1990, Judge Montante was in private practice. During this time, in 1989, Judge Montante was certified by the Chief Justice of the Florida Supreme Court as a circuit court mediator. From 1975 to 1976, he served as a special assistant attorney general and in 1976, was appointed as a chief municipal court judge in Broward County, Florida. From 1971 to 1975, he held various positions in the state attorney’s office for the 17th judicial circuit of Florida, including prosecutor, chief assistant state attorney, and assistant state attorney. From 1975-1979, Judge Montante was appointed by the Governor of the State of Florida to a four-year term as a member of the Judicial Nominating Commission, first as secretary and then as Chairman. From 1983-1985, he was Chairman of the Florida Bar Grievance Committee 17 (C) 1983. He served as a member of the President’s Commission on White House Fellowships from 2018 to 2021 and likewise was a member of the President’s Commission from 2001 to 2007. Judge Montante is a member of the District of Columbia Bar, the Florida Bar, and the New York State Bar.
Attorney General Michael B. Mukasey appointed Hugh Mullane as a member of the Board of Immigration Appeals in August 2008. Judge Mullane earned a Bachelor of Business Administration in 1989 from Siena College and a Juris Doctorate in 1993 from Georgetown University Law Center. From 2005 to 2008, he served as special counsel, Office of Legal Policy, Department of Justice (DOJ). From 2004 to 2005, he worked as the Director of Immigration Security for the Homeland Security Council at the White House. From 1995 to 2004, he served as a senior litigation counsel, Civil Division, DOJ. From 1994 to 1995, Judge Mullane was an attorney with the Federal Trade Commission. From 1993 to 1994, he was a law clerk for the Honorable David G. Larimer, U.S. District Judge for the Western District of New York. Judge Mullane is a member of the District of Columbia Bar and the New York State Bar.
Attorney General Merrick B. Garland appointed Rebekah Nahas as an Appellate Immigration Judge in November 2024. Judge Nahas earned a Bachelor of Arts in 2004 and a Bachelor of Science in 2004, both from the University of Florida, and a Juris Doctor in 2007 from The George Washington University Law School. From 2011 to 2024, she was at the Office of Immigration Litigation, Civil Division, Department of Justice, and served as a senior litigation counsel from 2021 to 2024, and a trial attorney from 2011 to 2021, including working on the criminal immigration team. During this time, from November 2015 to April 2016, she also served on a detail as a special assistant U.S. attorney, U.S. Attorney’s Office for the Eastern District of Virginia. From 2009 to 2011, she was a judicial law clerk and attorney advisor at the Los Angeles Immigration Court, entering on duty through the Attorney General’s Honors Program. From 2007 to 2009, she was an associate at Montagut & Sobral PC in Falls Church, Virginia. Judge Nahas is a member of the Virginia State Bar.
Attorney General Loretta E. Lynch appointed Blair O’Connor as a member of the Board of Immigration Appeals in February 2016. Judge O’Connor earned a Bachelor of Business Administration in 1992 from the University of Notre Dame and a Juris Doctor in 1995 from the Valparaiso University School of Law. From 2002 to 2016, he served as an assistant director, senior litigation counsel, and trial attorney at the Office of Immigration Litigation, Civil Division, Department of Justice. From 1996 to 2002, he served on active duty in various capacities in the Army’s Judge Advocate General Corps including as legal assistance and claims attorney, prosecutor, appellate defense attorney, and as a law clerk to the U.S. Army Court of Criminal Appeals. Judge O’Connor is a member of the Illinois Bar.
Attorney General William P. Barr appointed Sirce E. Owen as a member of the Board of Immigration Appeals in August 2020. Judge Owen earned a Bachelor of Science in 1996 from Johns Hopkins University, a Master of Business Administration in 2002 from Georgia State University, and a Juris Doctor in 2005 from Georgia State University. From 2018 to 2020, she served as an Assistant Chief Immigration Judge, based in Atlanta. From June 2019 to January 2020, she served as acting Deputy Director of EOIR. From 2016 to 2018, she served as deputy chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Atlanta. From 2008 to 2016, she served as assistant chief counsel, ICE, DHS, in Atlanta. From 2005 to 2008, she was an associate attorney with Mozley, Finlayson & Loggins LLP, in Atlanta. Judge Owen is a member of the State Bar of Georgia.
Attorney General William P. Barr appointed Aaron R. Petty as a member of the Board of Immigration Appeals in April 2020. Judge Petty comes to the Board of Immigration Appeals from the Civil Division, Department of Justice where he has served since October 2009. He earned a Bachelor of Arts in 2004 from Northwestern University, a Juris Doctor in 2007 from the University of Michigan Law School, a Master of Studies in 2012 from the University of Cambridge, and a Doctor of Philosophy in 2016 from Leiden University. From October 2015 to April 2020, he served as counsel for national security and senior counsel for national security, District Court Section, Office of Immigration Litigation (OIL), Civil Division, Department of Justice (DOJ). From October 2009 to October 2015, he served as a trial attorney and counsel for national security, Appellate Section, OIL, DOJ. From 2007 to 2009, he worked as a law clerk for the U.S. Court of Appeals for the Seventh Circuit. He also serves as an officer in the U.S. Air Force Reserve. Judge Petty is a member of the District of Columbia Bar and the Illinois State Bar.
Attorney General Merrick B. Garland appointed Kathleen M. Reilly as an Appellate Immigration Judge in November 2024. Judge Reilly earned a Bachelor of Science in 1990 from Bucknell University and a Juris Doctor in 1994 from the Catholic University of America, Columbus School of Law. From December 2021 to 2024, she served as an Immigration Judge at the Hyattsville Immigration Court. From 2002 to 2021, she served as an attorney advisor with the Board of Immigration Appeals. From 2001 to 2002, she served as an assistant general counsel with the former Tricare Management Activity, Department of Defense, in Falls Church, Virginia. From 1998 to 2001, she was an editor-in-chief with West Group LLC in the District of Columbia. From 1994 to 1998, she was a litigation associate with Spriggs & Hollingsworth in the District of Columbia. Judge Reilly is a member of the District of Columbia Bar and the Pennsylvania Bar.
Attorney General Merrick B. Garland appointed Andrea Saenz as an Appellate Immigration Judge in October 2021. Judge Saenz earned a Bachelor of Arts in 2002 from the University of California, Los Angeles, and a Juris Doctor in 2008 from Harvard Law School. From 2016 to 2021, she was Attorney-in-Charge of the New York Immigrant Family Unity Project, Brooklyn Defender Services, in Brooklyn, New York. From 2013 to 2016, she was a Clinical Teaching Fellow at the Immigration Justice Clinic, Benjamin N. Cardozo School of Law (New York). From 2012 to 2013, she was a Staff Attorney at the U.S. Court of Appeals for the Second Circuit. From 2010 to 2012, she served as a Judicial Law Clerk at the New York – Varick Immigration Court, entering on duty through the Attorney General’s Honors Program. From 2008 to 2010, she was an Equal Justice Works Fellow at the Political Asylum/Immigration Representation Project in Boston. Judge Saenz is a member of the New York State Bar.
Resources
Additional Information
- Fact Sheet: BIA Emergency Stay Requests (PDF)
- Fact Sheet: Board of Immigration Appeals: Final Rule (PDF)
- Attorney General Issues Final Rule Reforming Board of Immigration Appeals Procedures (PDF)
- Notice of Temporary Protected Status Extension of Burma (Myanmar) (PDF) - Translation
- Notice of Temporary Protected Status Extension of Syria (PDF) - Translation
- Notice of Temporary Protected Status Extension and Redesignation of Somalia (PDF) - Translation
- Notice of Temporary Protected Status Extension and Redesignation of Yemen (PDF) - Translation