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Appeals Board UPDATED

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. It is authorized 23 Appellate Immigration Judges, including a Chief Appellate Immigration Judge and one or two Deputy Chief Appellate Immigration Judges. 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.

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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.

The PTAB has developed an e-filing portal to increase the efficiency of PTAB's operations and to reduce costs to the taxpayers of Illinois. To address the reality of e-filing, the PTAB has amended its administrative rules, which mandate e-filing in a staggered manner depending on the type of appeal and location of the subject property. The e-filing system utilizes an outside vendor and is designed to integrate petition data into PTAB's existing systems. During the February 2023 board meeting, the PTAB issued Standing Order No. 2 regarding PTAB's e-filing portal. The Standing Order will be strictly enforced. The administrative rules regarding e-filing are now effective and enforceable. A user guide for using the e-filing system is also available. The Property Tax Appeal Board (PTAB or Board) is a quasi-judicial body made up of five Board Members appointed by the Governor, with the advice and consent of the Senate, and a professional staff to aid the Board. The PTAB was created in 1967 to provide an unbiased forum for taxpayers and taxing bodies outside of Cook County that are dissatisfied with property assessments. In 1997, the PTAB's jurisdiction was expanded to include all Counties in Illinois. The Board primarily considers appeals after decisions from County Boards of Review. The burden of proof before the Board is "a preponderance of the evidence" when market value is the basis of the appeal or "clear and convincing evidence" when unequal treatment in the assessment process is the basis of the appeal. The Board will only determine the correct assessment of property on appeal based on equity and the weight of the evidence. The amount of the tax bill or the tax rate used in the computation is determined by local county officials and may not be appealed to the Board. Likewise, the Board has no jurisdiction to exempt property from taxation. Getting Started Information, Instructions, Examples and Forms needed to get started with your property tax appeal.

The Trademark Trial and Appeal Board (TTAB) handles appeals involving applications to register marks, appeals from expungement or reexamination proceedings involving registrations, and trial cases of various types involving applications or registrations.

The Patent Trial and Appeal Board (PTAB) conducts trials, including inter partes, post-grant, and covered business method patent reviews and derivation proceedings, hears appeals from adverse examiner decisions in patent applications and reexamination proceedings, and renders decisions in interferences.

GAO's Contract Appeals Board considers appeals of decisions by contracting officers in legislative branch agencies only, including the Architect of the Capitol, the Congressional Budget Office, and the Government Publishing Office, among others.

The Environmental Appeals Board, which is located within the Office of Mission Support, is an appellate tribunal established by regulation to hear administrative appeals under all major environmental statutes that EPA administers. The EAB hears permit and civil penalty appeals in accordance with regulations delegating this authority from the EPA Administrator. Appeals from permit decisions made by EPA's Regional Administrators (and in some cases, state permitting officials) may be filed either by permittees or other interested persons.

A substantial additional portion of the EAB's caseload consists of petitions for reimbursement of costs incurred in complying with cleanup orders issued under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The EAB decides these matters pursuant to a delegation of authority from the Administrator. The EAB is also authorized to hear appeals from various administrative decisions under the Clean Air Act's acid rain program at 40 C.F.R. Part 78 and appeals of federal Clean Air Act Title V operating permits issued pursuant to 40 C.F.R. Part 71. More information about the EAB.

To address the growing number of appeals, the Board, over the past 5 years, has grown from approximately 800 to about 1200 personnel and we are still growing thanks to the continued investment of the Department and Congress. The Board increased its staff to include Veterans Law Judges, attorneys, and administrative and operational personnel, recruiting and hiring widely diverse, bringing together different backgrounds, education, experience, ideas, and perspectives to include Veterans, military spouses and family members, caregivers, survivors, first generation Americans, and LGBTQ+ members. This diversity strengthens the Board and enable us to better serve our constituency.

The Board composition and procedures are governed by 38 U.S.C. 7101-7112. The Board often receives questions regarding how appeals are worked at the Board. Under 38 U.S.C. 7107 (a)(1), all appeals at the Board shall be considered and decided in regular docket order according to its place on the docket. Docket is defined by the date of receipt of the appeal. So, appeals are processed in first in first out method. The only exceptions are those appeals that are advanced on the docket whether the appellant is age 75 or over; or for which motion has been filed for serious illness; severe financial hardship; or for other sufficient cause shown.

As a general matter, the Board is required by law to review appeals in docket order. However, the Board may advance an appeal on the docket (AOD) if the appellant demonstrates unusual hardship such as serious illness, severe financial hardship, or other sufficient cause. Additional information on AOD status is located under Customer Service.

The State Appeal Board is a three member board comprised of the auditor of state, treasurer of state, and director of the department. The board approves or rejects, and pays claims against the state or a state employee, and resolves local budget protests.

The Assessment Appeals Board hears appeals from taxpayers on property assessments. This Board is governed by the rules and regulations of the Board of Equalization and Property Tax Laws of the State of California.

The Clerk, Board of Supervisor's Assessment Appeals Unit receives and processes assessment appeal applications; schedules hearings in accordance with legal requirements; maintains minutes and official records; provides administrative support to Assessment Appeal Board Members and Hearing Officers; and provides assistance and education to the general public on the assessment appeals process. If you have questions about the appeals process please contact us at (510) 272-3854.

In all counties in California, either one or more assessment appeals boards or a county board of supervisors perform the duties of a local board of equalization, commonly referred to as an appeals board. The appeals board is an independent entity whose function is to resolve disputes between the county assessor and taxpayers over values of locally assessed property. The decisions of an appeals board are legally binding and enforceable.

The Employees' Compensation Appeals Board (ECAB) hears appeals taken from determinations and awards under the Federal Employees' Compensation Act. It relates to claims of federal employees injured in the course of their employment. The Board has final authority to determine the liability of the Federal government with respect to the disability or death of employees injured in the scope of their employment. There is no further administrative or judicial appeal of ECAB decisions.

Note: If you are appealing a minor moving violation, you must also pay a $50 transcript deposit. A transcription of your in person or virtual hearing will be provided to the board to review when deciding your appeal. If the transcript cost turns out to be less than the transcript deposit that you paid, you will be reimbursed the difference. If the cost of the transcript is more than the transcript deposit that you paid, you will be billed the difference at $5 per additional page. You will receive a letter from DMV notifying you of any additional transcript costs.

The Personnel Appeals Board and administrative rules govern the specific requirements, such as timeframes for filing appeals within the Board's jurisdiction. Click the following link for the Personnel Appeals Board Rules. 041b061a72


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