How to Appeal an Immigration Judge's Decision

To appeal a decision made by an immigration judge (IJ) in the United States, you must follow these steps carefully and within strict deadlines:

1. File a Notice of Appeal (Form EOIR-26)

• Deadline: Within 30 calendar days of the immigration judge’s oral or written decision.

• Where to file: Directly with the Board of Immigration Appeals (BIA), not with the immigration court.

• Form: EOIR-26 (Notice of Appeal from a Decision of an Immigration Judge)

• Fee: $110 (can request a fee waiver with Form EOIR-26A)

  
  

2. Explain the Basis for the Appeal

• On Form EOIR-26, you must briefly state the reasons for the appeal (e.g., errors in applying the law, denial of due process, factual errors).

  
  

3. Submit the Record or Legal Brief (Optional but Recommended)

• After the BIA receives the appeal, it may issue a briefing schedule, giving you a deadline to submit a written legal brief. This is a complex legal document that we at Wisecup Legal can draft for you. Schedule a consultation today!

  
  

4. Wait for a Decision

• The BIA does not hold hearings—it decides cases based on the record and written submissions.

• A decision could take months or longer, depending on the case's complexity and backlog.

  
  

5. Further Appeals

• If the BIA denies your appeal, you may be able to petition for review to the U.S. Court of Appeals (usually within 30 days of the BIA's decision).

• These type of petitions are one of our specialties. If you would like our assistance, please schedule a consultation.

Disclaimer: This article should is a summary and should not be construed as legal advice. If you need assistance, please schedule a consultation today.