board of immigration appeals

My Notice of Appeal to Board of Immigration Appeals (BIA) was withhold by DD, INS. In those days the appeal was being routed through DD, INS. The BIA had taken decision without it. Recently I came to know about it, after getting a copy of file from USCIS(FOIA). Do I write directly to BIA about this obstruction of justice ? The DD, INS had also withhold permanent labor certification and I-140 papers from the immigration judge and had obtained a deportation order againt me.