Executive Office for Immigration Review (EOIR)

The Executive Office for Immigration Review (EOIR) is an U.S. Department of Justice agency with the responsibility of determining whether of not immigrants are removable or deportable from United States, that is conducting administrative proceedings known as “removal proceeding” to decide on the removability of immigrants in the United States. In doing so, it watches over the Immigration Courts and the Board of Immigration Appeals (BIA). As its name indicates, the BIA makes decisions for cases on appeal from the Immigration Courts.

If you are in removal proceedings, it is of the utmost importance that you seek out the best legal representation for Immigration to increase your chances of remaining within the country. 718 La Migra can be this option for you. The government is always represented by a lawyer who will try to prove that you are removable, so entering the courtroom alone or an inexperienced immigration attorney to use the least expensive defense could most likely end up working against you. Should the Immigration Judge find that you are deportable from the United States, you can appeal to the BIA, in which case the attorney representing you in the process for the appeal would not be able to set forth any new evidence for the court to review and would simply have to work with the transcript of the hearing to write an appeal brief. To avoid having to appeal to BIA, you also have the option of submitting either a Motion to Reopen, if new evidence happens to surface after the Immigration Judge makes his or her decision on the case, or a Motion to Reconsider, if a change is made to the law relating to your case.

Removal proceedings are very time-sensitive, especially in the regards to Appeals and Motions to Reopen or Motion to Reconsider. Nonetheless, there are exceptions to the usual time limits after a person is represented ineffectively in court or is unable to attend the hearing for their case because the Court failed to delivers the respondent with a Notice to Appear.

If you find yourself in the tough situation where your case receives an unfavorable decision and is denied an appeal by BIA, there is a possibility that the case can get picked up by the U.S. Court of Appeals.
GENERAL INFORMATION: