Appealing to the BIA

The Board of Immigration Appeals (BIA) is the appellate body for decisions issued by immigration judges.

Filing Deadline

The appeal (Notice of Appeal, Form EOIR-26) must be filed within 30 calendar days of the immigration judge's decision. Missing this deadline typically means losing the right to appeal.

Filing Fee

$110 to file. A fee waiver may be requested if you are experiencing financial hardship.

Grounds for Appeal

• The judge incorrectly applied the law
• The judge made an error in evaluating the evidence
• Procedural violations occurred
• New evidence that was not previously available

After filing the Notice of Appeal, you will be given a deadline to prepare and submit a full appellate brief.

Steps

1. File Form EOIR-26 (within 30 days)
2. Receive the transcript of the immigration judge's decision
3. Prepare and file the appeal brief (typically 21 days after receiving the transcript)
4. ICE may file a response brief
5. BIA issues a decision (typically 6–12 months)

Types of BIA Decisions

• Affirm — the immigration judge's decision is upheld
• Reverse — the decision is overturned
• Remand — the case is sent back to the immigration judge for further review

If the BIA denies your appeal, you may have the option to petition a federal appellate court.

Petition for Review

Filed in the federal Circuit Court within 30 days of the BIA's decision. The court reviews questions of law only and does not re-examine the facts.

Key Considerations

• Filing a petition for review may pause enforcement of a removal order (stay of removal)
• You will need an attorney experienced in federal appeals
• Review can take 1–2 years
• A decision by your Circuit Court is binding on all immigration courts within that circuit