 If the BIA affirms the decision of the immigration court, then the next level of review is a petition for review in the United States courts of appeals for the circuit in which the immigration judge sits.The court of appeals reviews the case to determine if "substantial evidence" supports the immigration judge's (or the BIA's) decision.As the Supreme Court held in "INS v. Ventura", , if the federal appeals court determines that substantial evidence does "not" support the immigration judge's decision, it must remand the case to the BIA for further proceedings instead of deciding the unresolved legal issue in the first instance.