You are the appellant
Appeal the removal order to the BIA
The immigration judge issued a removal order or denied your asylum or other protection claim. You can appeal that decision to the Board of Immigration Appeals (BIA). If you act within the deadline, the order generally does not become final.
What it means that the judge denied your case
The order is NOT final yet
A removal order from an Immigration Judge does not become a final order if you file a timely appeal with the BIA. While the appeal is pending, the judge's decision is not final.
Removal is paused
Filing the EOIR-26 on time generally stays (pauses) execution of the removal order until the BIA decides the case. You can remain in the United States while the appeal is pending.
Your work permit can continue
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.
The BIA can take substantial time to decide
The BIA has a significant caseload and processing times vary depending on the complexity of the case and the Board's workload. During that time, if the appeal was filed on time, you can generally remain in the U.S. and keep your case active.
30 days. No exceptions.
Form EOIR-26 (Notice of Appeal) must be filed with the BIA within 30 calendar days of the judge's decision. Not from when you received the written order. Not from when you hired an attorney. From the decision.
The steps of the process
Urgent — contact us
We review the judge's decision, the exact hearing date, and the case grounds. We identify the legal errors the judge made that can be reversed on appeal.
Filing the EOIR-26
We file the Notice of Appeal within the 30-day deadline. This step stays the removal order and keeps your EAD active. It is the most urgent step.
Stay of removal
Once the EOIR-26 is filed on time, the removal order is stayed. You can remain in the U.S. while the BIA decides the case.
Work permit extension
With the appeal pending, you can generally renew your EAD. We help you manage the renewal so you do not lose your work authorization.
Drafting the legal brief
We prepare a detailed legal brief identifying the judge's errors and the strongest legal arguments for the BIA. This document is the heart of the appeal.
BIA review and decision
The BIA reviews the record and issues its decision. If the BIA rules in your favor, it can reverse the order or remand the case to the judge. If it denies, you can appeal to a federal court.
Frequently asked questions — Denial appeal
Can I appeal even if the judge denied my case completely?
Yes. The fact that the judge denied your case does not mean the decision was correct. The BIA reviews whether the judge made legal errors. The Board may affirm the decision, reverse it, or send the case back to the judge.
What if the 30 days have already passed?
If the deadline has passed, options are drastically reduced. In very limited cases there may be extraordinary remedies. Contact us immediately to evaluate whether any option exists in your case.
Can I file the EOIR-26 without having the complete brief?
Yes. The EOIR-26 can be filed even without the complete brief. The most important thing is to file it within the 30-day deadline. The brief is filed afterward.
What if the BIA denies my appeal?
If the BIA denies your appeal, you can appeal to a federal circuit court (Court of Appeals). This opens a new stage of the legal process.
Did you receive a removal order?
Do not wait. Every day that passes is one less day to file the appeal. Contact us today for an urgent evaluation of your case.
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