Appeals to the Board of Immigration Appeals

Appeal an Immigration Judge's decision to the Board of Immigration Appeals on Form EOIR-26. The notice must reach the Board within 30 days, and briefing deadlines are short.

Key Forms

Form EOIR-26 Notice of Appeal, Form EOIR-27 entry of appearance before the Board, and the filing fee or a Form EOIR-26A fee waiver request.

30-Day Deadline

The Board must receive the EOIR-26 within 30 calendar days of an oral decision or the mailing of a written one. No mailbox rule and no extensions.

Where It's Filed

The appeal goes to the Board, not to DHS or the Immigration Court. Registered practitioners can file Forms EOIR-26 and EOIR-27 in ECAS.

Briefing

For IJ decisions on or after March 9, 2026, both parties get the same 20 days to brief. Reply briefs only if invited; extensions only in exceptional cases.

General Rules for Appeals to the BIA

The Board of Immigration Appeals reviews decisions of Immigration Judges. An appeal starts with Form EOIR-26, Notice of Appeal, filed with the Board, not with the Immigration Court or DHS. The notice must include the A-Number of every person in the appeal and state the reasons for appeal specifically.

The appeal must include the filing fee receipt or a Form EOIR-26A fee waiver request. In appropriate cases the Board sets a briefing schedule. After the Board decides, a motion to reconsider is due within 30 days of the Board's decision.

Clients This Case Type Helps

Respondents denied relief by an Immigration Judge
Detained respondents appealing a removal or bond decision
Respondents whose motion to reopen or reconsider was denied
New clients who need appellate counsel after a hearing handled by others

General Qualifications

The Notice of Appeal (Form EOIR-26) is due no later than 30 calendar days after an oral decision or the mailing of a written decision.
Deadlines run from receipt at the Clerk's Office. The Board does not follow the mailbox rule, including for detained appellants.
The Board cannot extend the appeal deadline. Late appeals need a motion to accept late appeal showing diligence and an extraordinary circumstance.
The notice must state the grounds specifically, or the appeal may be summarily dismissed.
The appeal must include the filing fee receipt or a completed Form EOIR-26A fee waiver request.
If the notice says a brief will be filed and none is filed, the appeal may be summarily dismissed.

Consultation Screening Questions

What date did the judge issue the decision, and was it oral or mailed in writing?
Do you have the written decision or a copy of the oral decision summary?
Is the client detained, and where?
Which issues does the client want to appeal: removability, relief, discretion, bond or a motion?
Has DHS also appealed or reserved appeal?
Will the client need a fee waiver, and do they have proof of income?
Who represented the client at the hearing, and can we get the full file and exhibits?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.

Common Pain Points in BIA Appeals

30 Days With No Mailbox Rule

The Board must receive the Notice of Appeal within 30 days, extensions are not allowed, and a late filing needs a motion to accept late appeal.

How Prima.Law helps: A workflow step starts at the IJ decision date, and tasks flag the 30-day receipt deadline and the briefing due date on every team member's Case Management Board.

Vague Grounds Risk Summary Dismissal

Generic statements of judge error on the EOIR-26 may get an appeal summarily dismissed, and promising a brief that never arrives is also grounds.

How Prima.Law helps: AI Case Review checks the assembled appeal package before filing with page-linked answers, and Package Assembly builds the brief with a table of contents and proof of service.

Record, Fee and Forms Scattered

The decision, transcript, exhibits, EOIR-27 and fee receipt or EOIR-26A waiver must all be ready together, often while the client is detained.

How Prima.Law helps: The detailed, proven BIA appeal checklist, built by active immigration lawyers, lists every form and record. Clients upload through the portal and staff mark items complete.

How Prima.Law Helps With BIA Appeals

Appeal Clock

A workflow step starts at the IJ decision date, so the 30-day receipt deadline and the briefing due date appear on every team member's board.

EOIR-26 and EOIR-27

The appeal template adds Forms EOIR-26, EOIR-27 and EOIR-26A, autofilled from respondent and attorney profiles and kept on current editions.

Record and Brief

Keep the IJ decision, exhibits and brief drafts in one case file, then assemble a paginated brief package with table of contents and proof of service.

AI Case Review

Run AI Case Review on the assembled appeal package before filing, with page-linked answers, to catch gaps while the deadline is tight.

Typical Forms and Evidence

How a BIA Appeal Works

From IJ decision to Board ruling

IJ Decision

The Immigration Judge issues an oral or written decision. The 30-day clock runs from the oral decision or the mailing date.

File the EOIR-26

The EOIR-26, EOIR-27 and fee or waiver request must reach the Board within 30 days. Detained cases have the same deadline.

Briefing Schedule

In appropriate cases the Board sets a briefing schedule. Extension requests must be received by the original due date.

Board Decision

The Board decides the appeal. A motion to reconsider a Board decision is due within 30 days of that decision.

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