Precedent or Policy? A Quiet Transformation of the Board of Immigration Appeals

The Board of Immigration Appeals (BIA) is an administrative agency within the Department of Justice (DOJ) which adjudicates appeals of decisions by immigration judges and certain U.S. Citizenship and Immigration Services (USCIS) denials. The Board receives 30,000-60,000 appeals each year. In 2024, the BIA adjudicated 44,785 appeals, leaving 138,672 cases pending. Very few of these decisions are “published,” meaning that the decision becomes available to the public and is binding on immigration judges and USCIS. Over the past eight years, the Board issued between 13-27 precedential decisions each year. However, as of Aug. 22, 2025, the Board has already published 34 precedential cases and is on track to set a record for the number of cases published in a single year.