What is the process for appealing an immigration judge's decision?

The process for appealing an immigration judge's decision involves filing a notice of appeal with the Board of Immigration Appeals (BIA). This step is critical because it establishes the formal request for review of the immigration judge's ruling. The BIA is the administrative body within the Department of Justice that specifically handles appeals of decisions made by immigration judges.

When a party disagrees with an immigration judge’s decision, such as a denial of asylum or removal order, they must file the appeal with the BIA within a specific time frame, usually 30 days from the date of the decision. The BIA then reviews the case, considering the record and any arguments presented by the parties. This review process can lead to various outcomes, including upholding, reversing, or remanding the case back to the immigration court for further proceedings.

In contrast, other avenues mentioned in the options are not valid or relevant for appealing an immigration judge's decision. For instance, submitting a petition to Congress does not pertain to judicial appeals. Requesting a retrial in the same court does not occur in this context, as immigration proceedings do not typically allow for retrials in the same manner as other judicial systems might. Lastly, appealing directly to the Supreme Court is not a process