6.2 - Process

(a) Who May Appeal — An immigration judge’s decision may be appealed only by the respondent subject to the proceeding, the respondent’s practitioner of record, or the Department of Homeland Security.  See 8 C.F.R. § 1003.3.

(b) How to Appeal — To appeal an immigration judge’s decision, a party must file a properly completed and executed Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals.  The Form EOIR-26 must be received by the Board no later than 30 calendar days after the immigration judge renders an oral decision or mails or sends electronic notification of a written decision.  See 8 C.F.R. § 1003.38.  Parties must comply with all instructions on the Form EOIR-26.

Appeals are subject to strict requirements.  For detailed information on these requirements, parties should consult the Board of Immigration Appeals Practice Manual.