Form EOIR-26 guide: Notice of Appeal from a Decision of an Immigration Judge

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

The official name of Form EOIR-26 is Notice of Appeal from a Decision of an Immigration Judge. It is issued by the U.S. Department of Justice's Executive Office for Immigration Review (EOIR) and is filed directly with the Board of Immigration Appeals (BIA) to appeal a decision an immigration judge made in removal proceedings, bond proceedings or a ruling on a motion. Both the respondent and the Department of Homeland Security (DHS) attorneys can use this form to appeal.

In the immigration court process, EOIR-26 sits at a critical point: after the judge decides and before the decision becomes final. If an appeal is filed on time, the immigration judge's removal decision is generally not carried out during the appeal period or while the appeal is pending; if the deadline is missed, the decision becomes final and there is much less you can do afterward. The two most important things about this form are therefore the deadline and whether the grounds for appeal are specific.

Current appeal deadline (as of October 11, 2026): the deadline to appeal an immigration judge's decision is still 30 days. An interim final rule issued by the Department of Justice in February 2026 had shortened it to 10 days, but that part was vacated by a federal court in March 2026, and EOIR then issued a policy memorandum confirming that 30 days applies. Related litigation and further rulemaking are ongoing and the deadline may change again, so always verify EOIR's latest announcements before filing. The safest approach: start preparing as soon as the judge decides, and do not wait until the last few days.

At a glance

Item	Details
Official name	Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge
Where it is decided	Board of Immigration Appeals (BIA), in Falls Church, Virginia
Who files	The party that disagrees with the immigration judge's decision: the respondent (or the respondent's attorney) or the DHS attorneys
When to file	As of October 11, 2026: within 30 calendar days of the judge's oral decision, or of the date a written decision is mailed or served electronically; the BIA must receive it within the deadline
Can it be filed online?	Attorneys and accredited representatives must file through the EOIR Courts & Appeals System (ECAS); parties without an attorney can mail it, deliver it, or use the respondent portal as EOIR's instructions allow
Fees	Pay the fee or attach an EOIR-26A fee waiver request; no fee for bond appeals; check the amounts currently published by EOIR
Common related forms	EOIR-27 (attorney appearance before the BIA), EOIR-26A (fee waiver), EOIR-33/BIA (change of address)
Official page	EOIR downloadable forms page

The appeal deadline: what happened in 2026

Date	Event
February 6, 2026	The Department of Justice issued an interim final rule, "Appellate Procedures for the Board of Immigration Appeals" (91 FR 5267), originally set to take effect March 9, 2026. It shortened the deadline for most appeals from 30 days to 10 days and introduced provisions such as "automatic summary dismissal" and treating issues not listed in the notice of appeal as waived.
March 8, 2026	In Amica Center for Immigrant Rights v. EOIR, the U.S. District Court for the District of Columbia found that several of these provisions were substantive rules requiring notice-and-comment rulemaking and vacated three of them: the 10-day deadline, automatic summary dismissal, and "waived if not listed."
March 13, 2026	EOIR issued Policy Memorandum PM 26-02, confirming that the current appeal deadline is 30 days and directing immigration judges not to advise parties of a 10-day deadline.
Parts still in effect	The rule's other procedural changes were not vacated and, according to published practice analyses, apply to immigration judge decisions issued on or after March 9, 2026: for example, simultaneous briefing by both parties, reply briefs generally not accepted (unless the BIA requests them), and extensions possibly granted only in "extraordinary circumstances."

An important caution: as of the date this was verified, the electronic Code of Federal Regulations (eCFR) still shows the vacated 10-day text in 8 CFR 1003.38(b). Do not determine the deadline from the regulation website's text alone; rely on EOIR's official announcements, policy memoranda and an attorney's advice. The Department of Justice may reissue the rule after completing notice and comment.

How the deadline is counted

It runs from the day the judge announces the decision orally in court, or the day the written decision is mailed or served electronically, in calendar days; if the last day falls on a Saturday, Sunday or legal holiday, it moves to the next business day.
The BIA does not follow a "mailbox rule"; what counts is when the BIA Clerk's Office receives the appeal. For a detained person, handing the appeal to the detention facility for mailing does not count as timely filing either.
The BIA's power to extend the deadline is very limited: unplanned ECAS outages, a 15-day cure period after a fee waiver request is denied, and equitable tolling, which requires showing diligence and an extraordinary obstacle (Matter of Morales-Morales, BIA 2023); for equitable tolling, a "motion to accept a late-filed appeal" and evidence must be filed with the appeal.

Who can or needs to file EOIR-26

A respondent who received an unfavorable decision from an immigration judge, for example an order of removal or the denial of an application for relief (asylum, cancellation of removal, adjustment of status, etc.);
A party that disagrees with an immigration judge's bond decision;
A party that disagrees with an immigration judge's denial of a motion to reopen or reconsider;
The DHS attorneys (the ICE Office of the Principal Legal Advisor) also use EOIR-26 to appeal when they disagree with a judge's grant of relief.

EOIR-26 does not apply to:

A party that waived the right to appeal (waiver of appeal) in court: it can no longer file;
Decisions by USCIS or other DHS officers (such as an I-130 denial): use EOIR-29, or file I-290B with the Administrative Appeals Office as the denial notice directs;
Removal orders entered in absentia: you should usually first file a motion to reopen with the immigration judge rather than appeal directly; see In absentia removal orders and motions to reopen;
The BIA's own decisions: these are not appealed to the BIA; instead, seek judicial review in a federal circuit court of appeals or file a motion with the BIA.

Legal basis

8 CFR 1003.1(b): the scope of the BIA's appellate jurisdiction;
8 CFR 1003.3: how appeals are taken, the specificity required for the grounds for appeal, and briefs;
8 CFR 1003.38: the EOIR-26 filing deadline (paragraph (b), whose 10-day deadline was vacated by the court; see above), the filing date being the date the BIA receives it (paragraph (c)), and the fee or fee waiver request;
8 CFR 1003.6(a): an appealable decision is generally not carried out during the appeal period or while an appeal is pending;
8 CFR 1003.1(d)(2): grounds for summary dismissal;
8 CFR 1003.8: appeal fees and fee waivers.

Tips for completing the form

Item 1, names and A-numbers: list every family member who is appealing. Only the people listed on the notice of appeal are treated as appellants; leaving out a spouse or child may let that person's decision become final on its own.
Items 3 and 4, detention status and location of the last hearing: these must match the court record. Briefing arrangements in detained cases differ from non-detained cases.
Item 5, type of decision appealed: merits decision, bond, denial of a motion to reopen or reconsider, or interlocutory ruling; each notice of appeal can check only one. To appeal both a merits decision and a bond decision, file separately.
Item 6, grounds for appeal (the most important): you must state specifically which of the judge's findings of fact and conclusions of law are wrong, and why. Legal issues should cite statutes or precedent; for discretionary relief, explain whether the error concerns "statutory eligibility" or "discretion." General statements such as "the judge was wrong" or "please review the case again" can lead to summary dismissal. Although the "waived if not listed" provision has been vacated, you should still list every issue you intend to contest.
Items 7 and 8, oral argument and whether a separate brief will be filed: if you check that you will file a brief, you must file it on time, or the appeal may be summarily dismissed; the BIA generally will not grant oral argument without a brief.
Item 10, the party's address: all BIA notices and decisions are sent here. If you move while the appeal is pending, file EOIR-33/BIA within 5 working days.
Item 12, proof of service: you must serve a copy on the opposing party (the ICE Office of the Principal Legal Advisor when the respondent appeals) and state the method and date of service; if the opposing party participates in ECAS and the filing is electronic, you can check that separate service is not required. An improperly completed proof of service can lead to the appeal being rejected or dismissed.

Documents to include

A signed EOIR-26 (when an attorney signs, an EOIR-27 must also be included, one for each person represented);
Proof of fee payment, or an EOIR-26A fee waiver request with a sworn financial statement;
Proof of service;
If the grounds for appeal continue on additional pages, put the name and A-number on each page; foreign-language documents must include a complete English translation and a translator's certification; see Translation and notarization requirements for immigration documents;
For a late filing, a "motion to accept a late-filed appeal" and supporting evidence;
The BIA generally does not consider new evidence on appeal. If you do have new evidence, you will usually need to consider a motion to remand or a motion to reopen, which requires a case-by-case assessment.

How to file and fees

Electronic filing: since February 11, 2022, attorneys, accredited representatives and DHS must file through ECAS in cases eligible for electronic filing.
Parties without an attorney: can mail or hand-deliver the appeal to the BIA Clerk's Office (5107 Leesburg Pike, Suite 2000, Falls Church, VA 22041) as the form instructions explain, or file electronically to the extent the EOIR respondent portal (Respondent Access) allows. Whatever the method, what counts is when the BIA receives it, so allow plenty of time for mailing.
Fees: the "H.R. 1" law signed in July 2025 added a statutory fee for appeals to the BIA, charged in addition to existing EOIR fees, collected since February 1, 2026, and adjusted annually for inflation (the most recent adjustment applies from October 1, 2026); there is no fee for bond appeals. Since February 23, 2026, EOIR no longer accepts checks or money orders; fees must be paid electronically through the EOIR Payment Portal, and EOIR's June 2026 interim final rule on fees also makes this the only payment method. Check the amounts currently published by EOIR, and do not rely on old fee instructions.
Fee waiver: if you cannot afford the fee, you can file an EOIR-26A with the appeal, with a sworn financial statement, and the BIA decides in its discretion. If the waiver request is denied, the BIA gives 15 days to pay the fee or reapply, and the appeal deadline is tolled during that time.

See the EOIR appeals and motions fees page and How to check immigration fees and processing times.

What happens after filing

Receipt and review: the BIA acknowledges receipt of the appeal and reviews whether it is timely, whether the fee was paid or a waiver request attached, and whether it has jurisdiction.
Transcript: when needed, the BIA arranges for a transcript of the hearing. Under the 2026 rule, immigration judges no longer review transcripts of oral decisions, and the record is transferred to the BIA once the notice of appeal is filed.
Briefs: the BIA issues a briefing schedule. For decisions issued after March 9, 2026, both parties generally must file briefs simultaneously, extensions may be granted only in extraordinary circumstances, and reply briefs require an invitation from the BIA. The exact number of days is set in the BIA's notice.
Adjudication: most cases are decided by a single appellate immigration judge; only cases involving precedent, novel or significant issues and similar situations go to a three-member panel.
Outcome: the appeal is dismissed (the decision is affirmed), sustained, or remanded to the immigration judge.

During the appeal period and while the appeal is pending, a removal decision is generally not carried out (8 CFR 1003.6(a)). Once the BIA dismisses the appeal, the decision is final; you can seek judicial review in a federal circuit court of appeals within the statutory 30 days (the petition itself does not automatically stop removal), or file a motion to reconsider or reopen with the BIA within the applicable deadline; see BIA appeals and federal court review.

Common reasons appeals are dismissed

The BIA received it late (including mistakenly relying on a postmark, or delays in detention facility mail);
The grounds for appeal were general and did not identify specific errors;
The box for filing a brief was checked but no brief was filed on time;
No fee was paid and no waiver request was attached, or the proof of service was missing;
The party waived appeal in court;
The matter appealed is outside the BIA's jurisdiction.

EOIR-26 versus EOIR-29

Item	EOIR-26	EOIR-29
Decision appealed	Immigration judge decisions	DHS officer decisions (such as an I-130 denial)
Where to file	Directly with the BIA	With the DHS office that made the decision, which forwards it to the BIA
Deadline	30 days as of October 11, 2026 (based on BIA receipt)	30 days after service of the decision (see the EOIR-29 page)
Representation form	EOIR-27	EOIR-27 (filed with DHS along with the appeal)

Frequently asked questions

The judge told me in court the appeal deadline is 10 days. Which is right?

As of October 11, 2026, EOIR Policy Memorandum PM 26-02 has confirmed that the appeal deadline is 30 days and directs judges not to advise parties of a 10-day deadline. The deadline could still change under new rules, however, so the safest course is to file as early as possible and have an attorney check your decision and EOIR's latest announcements.

If I mail my appeal on day 30, is it on time?

No. The BIA goes by the date it receives the appeal, not the postmark. Allow enough time for mailing; when an attorney files electronically through ECAS, the time of receipt is clearer.

Can I be removed while the appeal is pending?

Generally, an appealable decision is not carried out during the appeal period or while the appeal is pending. But this depends on the appeal being filed on time and properly; detained people in particular should make sure the appeal arrives in time and keep proof of receipt.

How detailed do the grounds for appeal need to be? Can I wait and write them in the brief?

The notice of appeal itself must state the specific factual and legal errors. Even if you plan to file a separate brief, the grounds in the notice of appeal cannot be general, or the BIA may summarily dismiss the appeal. A brief develops the arguments further; it does not cure a blank notice.

What if I can't afford the appeal fee?

You can file an EOIR-26A fee waiver request together with the appeal, with a sworn financial statement, and the BIA decides in its discretion. Do not let a fee problem make you miss the deadline; a waiver request filed within the deadline is just as effective.

Can I submit new evidence on appeal to the BIA?

The BIA generally reviews only the immigration judge's record and does not accept new evidence. If you do have important new evidence, you may need a motion to remand or a motion to reopen; whether that is feasible depends on the nature and timing of the evidence and requires an attorney's assessment.