You are the appellee — DHS is the appellant
Defend the judge's grant before the BIA
The immigration judge granted you asylum or other protection, but DHS (the government attorney) reserved or filed an appeal. Winning in court does NOT end the case. You must defend that victory before the BIA.
Winning before the judge is not the end.
While the government's appeal is pending before the BIA, you are still NOT a final asylee. You cannot apply for the asylee I-94, the asylee green card, or the I-730 for family members. The case is still open.
What does it mean that DHS "reserved appeal"?
"Reserving appeal" is not the appeal itself. It is an oral statement the government attorney makes at the end of the hearing, indicating they reserve the right to appeal. At that point, the case has not been appealed yet.
After reserving, DHS has 30 days to decide whether to actually file the EOIR-26 (Notice of Appeal) with the BIA. If DHS does not file the EOIR-26 within those 30 days, the judge's grant becomes final.
If DHS does file the EOIR-26, then the case is formally appealed and you need to defend your victory before the BIA.
What you can do while you wait
Remain in the U.S.
While the government's appeal is pending before the BIA, you can legally remain in the United States. The judge's grant has not been reversed.
Renew your work permit (c)(8)
You can continue renewing your work permit under the pending asylum (c)(8) category while the case is pending before the BIA. Do not lose that authorization.
Do NOT apply for asylee benefits yet
Do not apply for the asylee I-94, the asylee green card (I-485), the I-730 for family members, or the unrestricted Social Security number. You are not yet a final asylee.
The steps to defend your grant
Confirm that DHS reserved appeal
We verify court records to confirm that DHS actually reserved appeal at the end of your hearing.
Monitor DHS's 30-day deadline
DHS has 30 days from the judge's decision to file the EOIR-26. If they do not file, the grant becomes final. We monitor that deadline.
If DHS files the EOIR-26: respond with EOIR-27
If DHS formally files the appeal, you must file Form EOIR-27 (Notice of Entry of Appearance as Attorney) so Immigrateful is registered as your representative before the BIA.
Prepare the defense brief
We draft a legal brief defending the judge's decision and responding to the government's arguments. For judge decisions on or after March 9, 2026, both briefs (DHS's and ours) are due in 20 days at the same time.
Wait for the BIA's decision
The BIA reviews the record and decides whether to affirm the judge's grant or reverse it. If the BIA affirms, the grant becomes final. If it reverses, additional options exist.
Important note: March 9, 2026 rule
For immigration judge decisions issued on or after March 9, 2026, both the government brief and the defense brief are due in 20 days at the same time. This significantly changes the process. Contact us immediately if your decision was on or after that date.
Frequently asked questions — Grant defense
Can I apply for a green card now that the judge granted me asylum?
Not yet. While DHS's appeal is pending before the BIA, you are not a final asylee. You cannot apply for the I-485 (adjustment of status), the I-730 for family members, or the unrestricted Social Security number until the BIA affirms the grant.
What if DHS does not file the EOIR-26 within 30 days?
If DHS does not file the EOIR-26 within 30 days of the judge's decision, the grant becomes final. At that point, you are a final asylee and can begin applying for the corresponding benefits.
Can I keep working while DHS appeals?
Yes. You can continue renewing your work permit under the pending asylum (c)(8) category while the case is pending before the BIA.
What if the BIA reverses the judge's grant?
If the BIA reverses the grant, the case may be sent back to the judge or other legal options may exist. Contact us to evaluate the options available at that point.
How is this case different from a regular appeal?
In a regular appeal, you are the appellant (the one who lost and is appealing). In this case, you are the appellee (the one who won and must defend the victory). The role is different, the brief is different, and the strategy is different. Immigrateful handles both.
Did the judge grant your case and DHS appealed?
Do not assume that because you won, the case is over. Contact us to evaluate your situation and defend your victory before the BIA.