BIA Appeal
What is a BIA appeal
The Board of Immigration Appeals (BIA) is the highest administrative immigration appeals body in the United States. Understand what is at stake — and how a timely appeal can change the outcome of your case.
What is the BIA?
The Board of Immigration Appeals (BIA) is the highest administrative immigration appeals court in the United States. It is located in Falls Church, Virginia, and reviews decisions made by Immigration Judges across the country.
The BIA does not hold a new trial. It does not hear new testimony or accept new evidence in most cases. Its function is to review the judge's decision to determine whether a legal or procedural error was made.
If the BIA finds an error, it can reverse the judge's decision, order that the requested relief be granted, or remand the case to the judge for reconsideration. If the BIA finds no error, it affirms the judge's decision.
What a BIA appeal involves
Form EOIR-26
The Notice of Appeal — the document that formally initiates the appeal before the BIA. It must be filed within 30 calendar days of the judge's decision.
Filing fee or waiver
Filing the EOIR-26 requires payment of a fee or a request for a fee waiver based on financial hardship.
Written brief
Legal arguments, BIA precedents, and the judge's errors are presented in a formal brief. This is the heart of the appeal.
Oral argument
In exceptional cases, the BIA may grant oral argument. It is infrequent, but possible.
Possible outcomes
The BIA can dismiss the appeal (affirm the judge), sustain it (reverse the judge), or remand the case for the judge to reconsider.
What a timely appeal does
Stops the order from becoming final
A removal order from an Immigration Judge does not become a final order of removal if you file a timely appeal with the BIA. While the appeal is pending, the judge's decision is not final.
Stays execution of the removal order
Filing a timely appeal generally stays (pauses) execution of the removal order until the BIA decides the case. This means you can generally remain in the United States while the appeal is pending.
Preserves your work permit
If the appeal is pending before the BIA, you can generally keep your existing work permit (EAD) and apply for its extension or renewal while the case moves forward.
Keeps the case active while the BIA decides
The BIA has a substantial caseload and processing times vary. During that time, if the appeal was filed on time, you can generally remain in the U.S. and keep your case active. The time to resolution depends on the complexity of the case and the Board's workload.
This is not a process you handle alone
A BIA appeal is a complex legal process. A weak brief, a poorly framed argument, or a late filing can irreversibly destroy the case. The BIA does not accept excuses for missed deadlines. If the appeal is not filed within 30 days, the judge's order becomes final and legal options are drastically reduced.
30
The deadline is 30 days. No exceptions.
Form EOIR-26 must be filed with the BIA within 30 calendar days of the immigration judge's decision. Not from when you received the written order. Not from when you hired an attorney. From the decision. If the deadline is missed, the order becomes final.
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Read moreDid you receive a judge's decision?
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