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Start an appeal of an immigration judge decision

Immigration · Shared Oregon or applicable federal route; local venue, procedures and service availability require confirmation · source_profile_reviewed · reviewed 2026-10-11

Publisher: Official government, court or institution publisher. Government or official institution source.

Start an appeal of an immigration judge decision: next steps

Guidance reviewed 2026-10-11. Identify an appealable immigration judge decision and follow the BIA notice-of-appeal process.

Start here: Read the decision and obtain qualified advice immediately about appealability and whether appeal rights were reserved.

Where and how to proceed: full steps and checklist

1. Is this for me?

People challenging certain immigration judge decisions for factual or legal error; not every decision is appealable to the BIA.

Service area: Oregon or applicable federal route; confirm venue and agency jurisdiction.

2. What should I prepare?

Some documents may be conditional. Ask about alternatives. Checkmarks are temporary and are not saved or sent.

3. Where and how do I submit?

Read the linked publisher instructions to confirm the receiving office, accepted submission method and current forms. This page has not separately verified those details. A county filter does not decide the correct court or filing location.

Timing: EOIR states that the BIA must receive EOIR-26 no later than 30 calendar days after an oral decision or the mailing of a written decision. Confirm the applicable deadline and any exception with counsel.

Read BIA appeal instructions ↗

4. What will it cost?

Details to confirm with the provider

Fees and fee-waiver eligibility have not been separately verified for this route. Check the current provider instructions. For a court filing, ask the court about its fee-waiver or deferral forms.

5. What happens after I submit?

Details to confirm with the provider

Keep a copy of what you send and its confirmation or receipt. Ask the receiving office how to track it, when to expect a response and how it will request missing information. These follow-up details have not been separately verified for this route.

6. What if something goes wrong?

Details to confirm with the provider

Read any returned filing, correction request or denial notice promptly. Ask the responsible office for the correction, review or appeal instructions and the deadline that applies to your notice. This guide does not verify a route-specific appeal process.

Language, disability and offline help

Ask the receiving office about language assistance, disability accommodations and an alternative to online submission. Available options have not been separately verified for this route.

Filing with DHS or the immigration court is not filing with the BIA. Appeal waiver and special proceedings can change available routes. This guide does not determine stays of removal or appeal eligibility.

Procedure steps, documents and printable checklist

Filing with DHS or the immigration court is not filing with the BIA. Appeal waiver and special proceedings can change available routes. This guide does not determine stays of removal or appeal eligibility.

Source profile

What this source covers Identify an appealable immigration judge decision and follow the BIA notice-of-appeal process. How to use it Who this route is for: People challenging certain immigration judge decisions for factual or legal error; not every decision is appealable to the BIA. Prepare: Judge decision and its oral or mailing date; A-number and hearing records; Specific reasons for appeal; Current EOIR-26 and fee-payment or fee-waiver materials How to proceed: 1. Read the decision and obtain qualified advice immediately about appealability and whether appeal rights were reserved. 2. Use the current EOIR-26 instructions to identify specific factual or legal errors and the decision being challenged. 3. Check EOIR current fee and electronic-payment instructions, or eligibility for the EOIR-26A fee waiver; do not use an outdated fee amount. 4. File with the BIA using its permitted route, complete required service, and keep proof that the BIA received the filing. Timing and notices: EOIR states that the BIA must receive EOIR-26 no later than 30 calendar days after an oral decision or the mailing of a written decision. Confirm the applicable deadline and any exception with counsel. Read BIA appeal instructions: https://www.justice.gov/eoir/appeal-immigration-judges-decision Limits and questions to verify Filing with DHS or the immigration court is not filing with the BIA. Appeal waiver and special proceedings can change available routes. This guide does not determine stays of removal or appeal eligibility.

Source and review details

Procedure-navigation guidance reviewed 2026-10-11 against retained primary publisher evidence. Captured HTML/PDF and labeled web-tool extracts retain their own evidence types and hashes. Source review does not validate legal currentness, personal deadlines, eligibility, service availability or a complete filing packet.

Start an appeal of an immigration judge decision - publisher instructions

Publisher source

Location: Procedure applicability, preparation, next steps, timing and limitations; statewide source; discovered from https://www.justice.gov/eoir/appeal-immigration-judges-decision.

Evidence type: publisher html snapshot.

Retained evidence SHA-256: 204eac8fa6b0e34f14572bf5a5bf8f750b812b50d9fb287c214262c2a82e76ad.

Start an appeal of an immigration judge decision - publisher instructions

Publisher source

Location: Supporting publisher source 1.

Evidence type: publisher html snapshot.

Retained evidence SHA-256: ff3ac034bf064633480044b6d262bb38b2dc289a4800fce34c2ee6b80f003a4d.

This review describes the publisher's resource. It is not a legal opinion, a finding of eligibility or a verified legal deadline.