1.2 - Function of the Board

(a) Role

The Board of Immigration Appeals (Board) is the highest administrative body for interpreting and applying immigration laws.  The Board is responsible for applying the immigration and nationality laws uniformly throughout the United States.  Accordingly, the Board has been given nationwide jurisdiction to review the orders of Immigration Judges and certain decisions made by the Department of Homeland Security (DHS), and to provide guidance to the Immigration Judges, DHS, and others, through published decisions.  The Board is tasked with resolving the questions before it in a manner that is timely, impartial, and consistent with the Immigration and Nationality Act and regulations, and to provide clear and uniform guidance to Immigrations Judges, DHS, and the general public on the proper interpretation and administration of the Immigration and Nationality Act and its implementing regulations.  8 C.F.R. § 1003.1(d)(1).

The Board also has appellate review authority of disciplinary decisions of recognized organizations and representatives appearing before the Immigration Courts, DHS, and the Board.  See Part I, Chapter 8 (Discipline of Practitioners).

(b) Location within the Federal Government

The Board is a component of the Executive Office for Immigration Review (EOIR) and operates under the supervision of the Director of EOIR.  See 8 C.F.R. § 1003.0(a).  In turn, EOIR is a component of the Department of Justice and operates under the authority and supervision of the Attorney General.  See Appendix B (Organizational Chart).

(c) Relationship to the Immigration Court

The Office of the Chief Immigration Judge (OCIJ) oversees the administration of the immigration courts nationwide.  The Immigration Judges, as independent adjudicators, make determinations of removability, deportability, and excludability, and adjudicate applications for relief.  The Board, in turn, reviews the decisions of the Immigration Judges.  The decisions of the Board are binding on the Immigration Judges, unless modified or overruled by the Attorney General or a federal court.  See Chapters 1.4(a) (Jurisdiction), 1.4(d) (Board decisions).  For detailed guidance on practice before the immigration courts, consult Part II of this manual.

(d) Relationship to the Department of Homeland Security 

The DHS was created in 2002 and assumed most of the responsibilities of the now abolished Immigration and Naturalization Service (INS).  DHS is responsible for the enforcement of the immigration laws and the administration of immigration and naturalization benefits.  In contrast, the Board and the immigration courts are responsible for the independent adjudication of cases under the immigration and nationality laws.  Thus, DHS is entirely separate from the Department of Justice and is deemed a party when appearing before the Board or an immigration court.   See Chapters 1.4(a) (Jurisdiction), 1.4(d) (Board decisions), 1.4(f) (Department of Homeland Security).

(e) Relationship to the former Immigration and Naturalization Service 

Prior to the creation of DHS, the INS was the component of the Department of Justice responsible for the enforcement of the immigration laws and the administration of immigration benefits.  The role of the INS has now been assumed by the DHS.  See subsection (d), above.

(f) Relationship to the Administrative Appeals Office 

The Administrative Appeals Office (AAO), previously referred to as the Administrative Appeals Unit (AAU), is a component of DHS.  The AAO is responsible for adjudicating appeals from DHS denials of certain kinds of applications and petitions, including employment-based immigrant petitions and most nonimmigrant visa petitions.  See 8 C.F.R. §§ 103.2, 103.3.  The AAO is not a component of EOIR and should not be confused with EOIR or the Board.  See Appendix B (Organizational Chart).

(g) Relationship to the Office of Immigration Litigation 

The Office of Immigration Litigation (OIL) conducts civil trial and appellate litigation in the federal courts and represents the United States in civil suits brought against the federal government regarding the movement of citizens and aliens across U.S. borders.  OIL is a separate and distinct component of the Department of Justice, located within the Civil Division, and should not be confused with EOIR or the Board.  See Appendix B (Organizational Chart).