Start an appeal of an immigration judge decision
Resources, agencies and counties · resources
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 Check EOIR current fee and electronic-payment instructions, or eligibility for the EOIR-26A fee waiver; do not use an outdated fee amount.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.
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, eligibili
Source: Start an appeal of an immigration judge decision - publisher instructions · https://www.justice.gov/eoir/appeal-immigration-judges-decision
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Source file: data/source-evidence/2026-10-11/all-categories/204eac8fa6b0e34f14572bf5a5bf8f750b812b50d9fb287c214262c2a82e76ad.html
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Retained source evidence SHA-256: 204eac8fa6b0e34f14572bf5a5bf8f750b812b50d9fb287c214262c2a82e76ad
Source location: Procedure applicability, preparation, next steps, timing and limitations; statewide source; discovered from https://www.justice.gov/eoir/appeal-immigration-judges-decision
Source checked: 2026-10-11 (access date, not legal effective date)
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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.
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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
No explicit source connection was found. This does not mean there are no relevant authorities.