Appealing an Immigration Judge's Decision to the BIA

How can you ask the Board of Immigration Appeals to review a judge's decision?

The Board of Immigration Appeals (BIA) is the Department of Justice's administrative appellate body for many immigration judge decisions. An appeal asks the Board to review the record for legal or factual error; it is not a new trial where the parties automatically present new witnesses.

The appeal notice must reach the BIA on time

To appeal many immigration judge decisions, file Form EOIR-26 with the BIA so it is received within 30 calendar days after the judge's oral decision or the mailing of a written decision. The immigration judge will say whether the right to appeal is reserved or waived. If you waive appeal, or do not file a timely notice, the decision generally becomes final.

Read the decision and current form instructions carefully. The correct filing location, fee or fee-waiver request, service on DHS, and proof of delivery matter. Do not assume that mailing it on the last day is enough; use the current BIA instructions and plan for delivery before the deadline.

EOIR Board Practice Manual: Appeal Deadlines · EOIR: Learn About the Board of Immigration Appeals

Briefing deadlines depend on the decision date

After the appeal is docketed, the BIA may issue a briefing schedule. For immigration judge decisions issued on or after March 9, 2026, the current Board Practice Manual generally gives both sides 20 calendar days from the briefing schedule notice to file their briefs, and does not accept a reply brief unless the Board invites or orders one. Earlier decisions may follow a different schedule. The notice in your case controls.

A brief should identify the specific legal or factual errors and connect each argument to the record and governing law. The Board can reject an untimely filing. A request to extend time does not extend the deadline unless the Board grants it.

EOIR Board Practice Manual: Briefing Deadlines

What the BIA can decide

The Board may dismiss the appeal and leave the decision in place, affirm without a full written opinion under its summary-affirmance procedure, reverse, remand the case to the immigration judge for more proceedings, or take another action permitted by law. A summary affirmance leaves the result below as the agency's final decision but does not provide a new explanation.

The BIA generally reviews the record made before the immigration judge. It is important to preserve objections, evidence, and legal arguments in the original case and to explain clearly why the decision should change. Appeals can take months or longer, and the timing varies; keep your address current and follow every notice while the appeal is pending.

EOIR: Learn About the Board of Immigration Appeals · EOIR Board Practice Manual: Summary Affirmance

Motions to reopen and reconsider are different

A motion to reopen asks the decision-maker to consider new facts or evidence that could not previously have been presented. A motion to reconsider argues that the prior decision applied the law or facts incorrectly based on the existing record. As a general rule, BIA motions to reopen are due within 90 days and motions to reconsider within 30 days, but statutory and regulatory exceptions apply.

The correct filing forum depends on who issued the last decision and whether an appeal is pending. A motion does not automatically pause removal or extend every other deadline. Get legal help promptly and check the current regulations and practice manual.

EOIR Board Practice Manual: Motions to Reopen and Reconsider

Official sources

Related resources

This page is general information, not legal advice. Immigration rules, court procedures, and enforcement policies can change. Deadlines and options depend on your case and the notices you received. Talk with a qualified immigration attorney or DOJ-accredited representative about your situation.