The appeal deadline
You have 30 calendar days. Not one more.
Form EOIR-26 (Notice of Appeal) 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.
What exactly are those 30 days?
The 30-day period begins the day the immigration judge issues their decision at the hearing — not when you receive the written copy of the order, not when your previous attorney notifies you, not when you 'find out.'
They are 30 calendar days, not business days. Saturdays, Sundays, and holidays count. If day 30 falls on a weekend or holiday, the deadline extends to the next business day — but do not rely on that: act before.
If the deadline passes without the EOIR-26 being filed, the deportation order becomes a final order of removal. Once the order is final, legal options are drastically reduced.
Why the deadline is so critical
The order becomes final
If you do not appeal on time, the judge's deportation order becomes a final order of removal. This opens the door to immediate enforcement of the order.
You lose the stay of the removal order
A timely appeal generally stays execution of the removal order. If you do not appeal, that procedural protection disappears. The exact effect depends on the facts of your case.
Your work permit may expire
If the appeal is pending before the BIA, you can generally renew your EAD. If you do not appeal, that option closes.
Future options are reduced
A final order of removal severely limits future legal options, including the possibility of legally returning to the U.S. in the future.
What to do if the hearing was recent
- 01
Identify the exact date of the decision
The date that matters is the date the judge issued the decision at the hearing. Find it in any court document or in the hearing recording.
- 02
Count 30 calendar days
Count 30 days from that date, including weekends and holidays. That is your deadline. Do not wait until the last day.
- 03
Contact an attorney immediately
Do not wait until you have all the documents. Do not wait for your situation to "clarify." Contact an attorney today. The EOIR-26 can be filed even without the complete brief.
- 04
File the EOIR-26 before the deadline
The Notice of Appeal (EOIR-26) is the document that activates the appeal and stays the removal order. Filing it on time is the most important step.
What happens after filing the EOIR-26
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.
The BIA will notify your attorney of the deadline to file the legal brief. This brief is where the judge's errors and the legal grounds for the appeal are argued.
The BIA has a substantial caseload. Processing times vary depending on the complexity of the case and the Board's workload, and are subject to change. During that time, if the appeal was filed on time, you can generally keep and renew your work permit (EAD). Consult an attorney about your specific situation.
When was the hearing?
If the hearing was in the last 25 days, act today. Not tomorrow. Every day that passes is one less day to file the appeal.
Consultations are scheduled. Complete the form and choose a time.
Frequently asked questions about the deadline
What if day 30 falls on a weekend?
If day 30 falls on a Saturday, Sunday, or federal holiday, the deadline extends to the next business day. However, do not rely on this extension — file before.
Can I appeal if the 30 days have already passed?
In very limited cases, the BIA may accept a late appeal if there were exceptional circumstances beyond your control. This is difficult to prove and is not guaranteed. Consult an attorney immediately.
Does the EOIR-26 have to be complete to file it?
No. The EOIR-26 is the Notice of Appeal, not the full brief. It can be filed with basic information to meet the deadline. The legal brief is filed later, within the deadline the BIA indicates.
What if the judge granted me something but the government appealed?
If the government (DHS) appealed your win, you also have rights before the BIA. Immigrateful defends you in that scenario as well.
Does the same deadline apply if the judge denied my asylum?
Yes. The 30-day deadline applies to appeal any immigration judge decision to the BIA, including denials of asylum, cancellation of removal, and other forms of relief.
Can I file the EOIR-26 myself without an attorney?
Technically yes, but it is not recommended. Errors in the EOIR-26 or the brief can result in the appeal being rejected. An attorney with BIA appeals experience can make a critical difference.