Appeal an Immigration Judge's Decision

If you believe the immigration judge made a legal or factual error when deciding your case, you can ask the BIA to review the decision by appealing your case. The BIA is able to review certain decisions of the immigration judge, such as decisions made on removability and eligibility for relief and bond. The BIA is not able to review decisions made in credible or reasonable fear reviews or claimed status review proceedings.

To reserve your right to appeal a decision, you must inform the immigration judge of your desire to appeal and properly complete and file a Notice of Appeal, Form EOIR-26. The Form EOIR-26 must be received by the BIA no later than 30 calendar days after the immigration judge renders an oral decision or mails a written decision. The appeal must also be accompanied by the appropriate filing fee or a completed Fee Waiver Request, Form EOIR-26A. If you tell the immigration judge that you wish to waive (give up) your right to appeal or if you fail to file your Form EOIR-26 within 30 days, the immigration judge's decision will become final.

For detailed information on the requirements for filing an appeal, see the instructions on the EOIR-26 and the Board of Immigration Appeals Practice Manual.