How do I appeal an immigration judge’s decision to the BIA?

To appeal an immigration judge’s decision, you file a Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals (BIA). It must be received by the BIA within 30 calendar days of the judge’s oral decision or the mailing of the written decision (8 C.F.R. § 1003.38(b)). The deadline is strict, and a timely appeal of a removal order generally keeps the order from being carried out while the appeal is pending.

What is the Board of Immigration Appeals?

The BIA is the highest administrative body that interprets and applies U.S. immigration law. It is part of the Executive Office for Immigration Review (EOIR), within the U.S. Department of Justice, and it reviews decisions of immigration judges nationwide. It decides most appeals on the written record and briefs, without a hearing.

What is the deadline to appeal?

The Notice of Appeal must be received by the BIA within 30 calendar days of the immigration judge’s oral decision, or of the mailing or electronic service of a written decision (8 C.F.R. § 1003.38(b)). Mailing it on day 30 is not enough. A late appeal is generally dismissed, so the timeline should be planned the day the judge rules.

How is an appeal filed?

• Form EOIR-26, the Notice of Appeal, stating the specific reasons the decision was wrong. Vague reasons can lead to summary dismissal (8 C.F.R. §§ 1003.3(b), 1003.1(d)(2)(i)(A)).
• The filing fee, which EOIR currently lists as $1,060 for this appeal, paid electronically through the EOIR Payment Portal. Fees changed in 2026; check EOIR’s appeal types and fees page before filing.
• Form EOIR-27, if an attorney represents you before the BIA, and proof that the appeal was served on DHS.

Attorneys generally file electronically through EOIR’s Courts & Appeals System (ECAS).

Does an appeal stop deportation?

Generally, yes: a removal order is not carried out during the 30-day appeal period or while a timely appeal is pending, with limited exceptions (8 C.F.R. § 1003.6(a)). An appeal of a bond decision is different. It does not stop the removal case itself.

What happens after the appeal is filed?

The BIA prepares the hearing transcript where needed and sets a briefing schedule; the written brief is where the legal arguments are made (8 C.F.R. § 1003.3(c)). The BIA reviews the judge’s findings of fact for clear error and questions of law, discretion and judgment de novo (8 C.F.R. § 1003.1(d)(3)). It generally does not take new evidence; new evidence is usually raised through a motion to remand or a motion to reopen. There is no guaranteed timeline for a decision.

What if the BIA rules against me?

• Petition for review. A final BIA order can be reviewed by the federal court of appeals, for California the Ninth Circuit. The petition must be filed within 30 days of the BIA’s final order (INA § 242(b)(1)). Filing it does not automatically stop removal; a separate request for a stay is usually needed.
• Motion to reopen or reconsider before the BIA, generally due within 90 and 30 days of the decision (INA § 240(c)(6)–(7)).

Is an appeal the same as a motion to reopen?

No. An appeal argues that the judge got the facts or the law wrong on the existing record. A motion to reopen asks the court to consider new facts or evidence, such as changed country conditions; a motion to reconsider argues an error of law or fact in a decision already made. Which one fits depends on the case, and the deadlines differ.

How can Nassiripour Law Firm help with a BIA appeal?

Nassiripour Law Firm provides attorney-led immigration representation, combining Ali R. Nassiripour’s legal experience and strategic oversight with the dedicated support of the firm’s paralegals and legal staff. Each case is approached with careful preparation, individualized legal analysis, and a commitment to protecting the client’s rights throughout the immigration process.

For an appeal, that typically means reviewing the immigration judge’s decision and the record, identifying the issues to raise, filing the Notice of Appeal on time, and preparing the brief. Motions to reopen and reconsider are handled the same way.

Related: Appeals and motions · Deportation and removal defense · Master calendar hearings

How to reach Nassiripour Law Firm

Nassiripour Law Firm, 15615 Alton Parkway, Suite 450, Irvine, CA 92618. Phone (718) 916-4407, or use the contact form. Ali R. Nassiripour speaks English, Farsi and French. Staff also assist clients in Spanish, Hindi, Punjabi, Mandarin and Arabic.