In a typical deportation proceeding, an individual is arrested and detained by Immigration and Customs Enforcement (ICE). Shortly thereafter, the individual will receive a Notice to Appear (NTA) which outlines why the foreign national should not be allowed to remain in the United States. An ICE official will then determine bond eligibility and hold the deportation hearings. Once the decision is made after the deportation hearing, an appeal from the Immigration Judge’s ruling may be filed at the Board of Immigration Appeals (BIA) within 30 days of the decision. 

The BIA decides appeals by conducting a review of documents rather than conducting courtroom proceedings. It is important to note that the BIA makes its ruling on appeals based solely on the printed record of the previous proceeding, the immigration judge’s decision and the attorney’s legal briefs. The immigrant in question is not permitted to testify during the appeal process.