đź“Ś What Is a BIA Appeal?
A BIA appeal is the legal process to challenge a decision made by an immigration judge. The Board of Immigration Appeals (BIA) reviews these cases to ensure that the judge’s decision was lawful and based on correct legal interpretation.
Appeals must be filed within 30 days of the judge’s final oral or written decision.
đź“ť Step-by-Step: How to File a BIA Appeal
1. File Form EOIR-26
This is the official Notice of Appeal. It must be:
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Fully completed
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Signed by the appellant or attorney
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Submitted within 30 days of the decision
2. Pay the Filing Fee
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The standard filing fee is $110
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If you cannot afford the fee, you may request a fee waiver using Form EOIR-26A
3. Write Your Legal Arguments
You may submit:
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A brief with detailed legal arguments
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Supporting documentation or case citations
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The BIA may set a deadline for this brief separately
4. Wait for the BIA’s Review
The BIA does not hold a new trial or hear testimony. It reviews:
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The written record of the immigration court
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The legal briefs submitted by each party
Processing can take several months or more depending on complexity and backlog.
⏳ Timeline Summary
| Step | Timeframe |
|---|---|
| File Form EOIR-26 | Within 30 calendar days |
| Submit legal brief (if allowed) | Within BIA-specified deadline |
| Await decision | Typically several months |
⚠️ Tips for a Strong Appeal
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Act quickly – there are no extensions for late filings
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Be clear and specific in your arguments
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Attach relevant evidence and citations
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Seek legal representation—appeals are highly technical
Filing a BIA appeal is your final chance to challenge an immigration judge’s decision without going to federal court. Whether you’re defending against removal or pursuing relief like asylum or adjustment of status, the appeal must be handled with precision and urgency.
đź“ž Contact Borderless Lawyers today to ensure your appeal is prepared with the skill and strategy needed for success.