Notice of Appeal from a Decision of an Immigration Judge

U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

OMB #1125-0002
Notice of Appeal from a Decision of an Immigration
Judge

GENERAL INSTRUCTIONS
(Please read carefully before completing and filing Form EOIR-26)
A. When to Appeal:
•

Use this form (Form EOIR-26) only to appeal a decision by an Immigration Judge. If you wish
to appeal a decision of the U.S. Citizenship and Immigration Services (USCIS), you must use a
different form (Form EOIR-29).

•

Do not use this form (Form EOIR-26) to appeal the following Immigration Judge
determinations:
Reasonable fear

8 C.F.R. § 1208.31(g)(1)

Credible fear

8 C.F.R. § 1208.30(g)(2)(iv)(A)

Claimed status review

8 C.F.R. § 1235.3(b)(5)(iv)

The Board of Immigration Appeals (Board) does not have the authority to review such
determinations. For additional information regarding the Board’s review authority, please see the
EOIR Policy Manual, Part III – BIA Practice Manual, which is available on the EOIR website at
www.justice.gov/eoir.
•

You must send the Notice of Appeal so that it is received by the Board within thirty (30)
calendar days after the Immigration Judge’s oral decision, or within thirty (30) calendar days
after the date the Immigration Judge’s written decision was mailed (if no oral decision was
rendered).

•

Simply mailing your Notice of Appeal in thirty (30) days or less is not enough. Your Notice of
Appeal must arrive at the Board in thirty (30) days or less. If your Notice of Appeal arrives late,
your appeal will be dismissed.

B. Where to Appeal:
•

Filing by Mail or Personal Delivery: You may mail or deliver in person to:
Board of Immigration Appeals
Clerk’s Office
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041

•

Filing through EOIR Courts and Appeals System (ECAS): Department of Homeland Security
(DHS), attorneys, and accredited representatives must electronically file their appeal in cases
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Form EOIR-26
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U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

OMB #1125-0002
Notice of Appeal from a Decision of an Immigration
Judge

eligible for electronic filing through ECAS, available at www.justice.gov/eoir/ECAS. For an
unrepresented Respondent or Applicant, who has registered for the Respondent Access Portal
(RAP), please review the guidance, available at www.justice.gov/eoir/respondentaccess, to file
a Notice of Appeal through the RAP. An unrepresented Respondent or Applicant is not required
to file the Notice of Appeal through the RAP.
C. How to Appeal:
•

Read all of these instructions. Note: If you are the person in proceedings, you are the
“Respondent” or “Applicant.” You are also the “Appellant” if you are filing an appeal of a
decision by an Immigration Judge.

•

Fill out all pages of the Notice of Appeal completely, answering items #1 - #12 in English only.

•

List in item #1 the names and Alien Numbers (A-Numbers) of all Respondents or Applicants
who are appealing the decision of the Immigration Judge.

•

Sign item #9.

•

List the mailing address of the Respondents or Applicants in item #10.

•

Write your names and A-Numbers on all documents attached to the Notice of Appeal.

•

Translate all documents that you attach to the Notice of Appeal into English. All translations
must include the translator’s statement stating that the translator is competent, and that the
translation is true and accurate.

•

Complete and, if applicable, sign the “Proof of Service” to show you did this (item #12). Note:
If you are the Respondent or Applicant, the “Opposing Party” is the Assistant Chief Counsel of
the U.S. Immigration and Customs Enforcement (ICE) of the DHS.

•

Your appeal may be rejected or dismissed if you fail to properly complete the “Proof of
Service” (item #12).

•

Mail or give a copy of the completed Notice of Appeal and any attached documents to the
opposing party, if applicable. Electronic filers are not required to serve the opposing party if the
opposing party is participating in ECAS. The ECAS system will provide an electronic service
notification to participating parties. However, electronic filers must still sign and complete the
“Proof of Service” (item #12).

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Form EOIR-26
Rev. Jun. 2025
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U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

OMB #1125-0002
Notice of Appeal from a Decision of an Immigration
Judge

D. Paying for the Appeal:
•

Attach the EOIR fee payment receipt or a check or money order to the Notice of Appeal for
exactly one hundred and ten dollars (U.S. $110) made payable to “United States Department of
Justice.” If paying using the EOIR Payment Portal, you must provide proof of payment by
printing and attaching the EOIR fee payment receipt to your appeal. All checks or money orders
must be drawn on a bank located in the United States and must be payable in U.S. currency. If
there are not sufficient funds in your account, or your electronic payment is declined, your
appeal may be dismissed.

•

EOIR Payment Portal may be accessed at the following web address:
https://ePay.eoir.justice.gov. On the EOIR Payment Portal webpage, you will need to enter the
A-Number associated with the Immigration Judge decision you are appealing and select the
appeal type; this information will be printed on your receipt once payment is complete. You will
be redirected to the U.S. Treasury Pay.gov website to complete payment. Upon completion of
your transaction, you will be directed back to the EOIR Payment Portal webpage to print your
EOIR fee payment receipt. You must submit your EOIR fee payment receipt with your appeal
form.

•

Write the name and A-Number for the lead Respondent or Applicant on the check or money
order.

•

Notice to Those Making Payment by Check. If you send us a check, the Board will convert it
into an electronic funds transfer (EFT). This means we will copy your check and use the
account information on it to electronically debit your account for the amount of the check. The
debit from your account usually occurs within 24 hours of the deposit and your bank will show
it on your regular account statement. You will not receive your original check back. We will
destroy your original check but will keep a copy of it. If the Board cannot process the EFT for
technical reasons, you authorize us to process the copy in place of your original check. If your
check is returned as unpayable, the appeal will be dismissed as improperly filed.

•

If you cannot pay for the appeal, complete a Fee Waiver Request (Form EOIR-26A) and attach
it to the Notice of Appeal. The Board will review your request and decide whether to allow the
appeal without payment of the fee.

•

Your appeal may be rejected or dismissed if you fail to submit a fee payment receipt, fee, or a
properly completed Fee Waiver Request (Form EOIR-26A).

E. Lawyer or Representative Allowed: You may be represented by an attorney or representative who
is authorized to appear before the EOIR. If you are represented by an attorney or authorized
representative, he or she must file, with the Notice of Appeal, a Notice of Entry of Appearance as
Attorney or Representative Before the Board of Immigration Appeals (Form EOIR-27).

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Form EOIR-26
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U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

OMB #1125-0002
Notice of Appeal from a Decision of an Immigration
Judge

F. Specify Reasons for the Appeal (Item #6):
•

Give specific details why you disagree with the Immigration Judge’s decision. Specify the
findings of fact, the conclusions of law, or both, that you are challenging. If a question of law is
presented, cite supporting legal authority. If the dispute is over the findings of fact, identify the
specific facts you are challenging.

•

Where the appeal concerns discretionary relief, state whether the alleged error relates to
statutory grounds of eligibility or to the exercise of discretion. Identify the specific factual and
legal findings you are challenging.

•

If you do not give specific reasons, with details, in item #6, or in attachments to your Notice of
Appeal, the Board may dismiss your appeal on that basis alone.

•

Most appeals are reviewed by a single Appellate Immigration Judge (AIJ), also known as a
Board Member. If you assert that your appeal warrants a three-member panel, you should
identify the specific factual or legal basis for your contention.

•

Cases will be reviewed by a three-member panel only if the case presents one of these
circumstances:
o The need to settle inconsistencies among the rulings of different Immigration Judges;
o The need to establish a precedent construing the meaning of laws, regulations, or
procedures;
o The need to review a decision by an Immigration Judge that is not in conformity with
the law or with applicable precedents;
o The need to resolve a case or controversy of major national import;
o The need to review a clearly erroneous factual determination by an Immigration Judge;
or
o The need to reverse the decision of an Immigration Judge other than a reversal under 8
C.F.R. § 1003.1(e)(5) (i.e., permitting a single AIJ to reverse a decision that has been
affected by changes in statutes, regulations, or case law).

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Form EOIR-26
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U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

OMB #1125-0002
Notice of Appeal from a Decision of an Immigration
Judge

G. Oral Argument (Item #7):
•

If you ask for oral argument in item #7, the Board will notify you if your request is granted.

•

Even if you ask for oral argument, you still must give detailed reasons for your appeal on the
Notice of Appeal in item #6 and attachments.

•

The Board ordinarily will not grant a request for oral argument unless you also file a brief.

•

If you request oral argument, you should also state in item #6 why you believe your case
warrants review by a three-member panel.

H. Briefs (Item #8):
•

Indicate in item #8 whether you intend to file an additional written brief or statement at a later
date. The Board will send you a briefing schedule and, when appropriate, a transcript of the
testimony.

•

Even if you intend to file an additional brief or statement at a later date, you still must give
detailed reasons for your appeal on the Notice of Appeal in item #6 and attachments.

I. Change of Address:
•

If you move after sending your Notice of Appeal to the Board, you must give your new address
to the Board within five (5) working days after you move. Use an Alien’s Change of Address
Form (Form EOIR-33/BIA).

•

Attorneys or representatives must also let the Board know if they change addresses or phone
numbers, using Form EOIR-27. An attorney’s or representative’s change of address notification
is only effective for the case in which it is submitted. Also, changes in an attorney’s or
representative’s address or contact information should be made by updating the registration
information in EOIR’s eRegistry to include the new address and contact information.

J. Further Information: For further guidance please see the EOIR Policy Manual, Part III – BIA
Practice Manual, which is available on the EOIR website at www.justice.gov/eoir.
K. Paperwork Reduction Act Notice: Under the Paperwork Reduction Act, a person is not required
to respond to a collection of information unless it displays a valid OMB control number. We try to
create forms and instructions that are accurate, can be easily understood, and which impose the
least possible burden on you to provide us with information. The estimated average time to
complete this form is thirty (30) minutes. If you have comments regarding the accuracy of this
estimate, or suggestions for making this form simpler, you can either: (1) write to the Executive
Office for Immigration Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600,
Falls Church, Virgina 22041; or (2) email EOIR.PRA.Comments@usdoj.gov.

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Form EOIR-26
Rev. Jun. 2025
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U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

OMB #1125-0002
Notice of Appeal from a Decision of an Immigration
Judge

L. Privacy Act Notice: The information on this form is authorized by 8 C.F.R. §§ 1003.3, 1003.38 in
order to appeal a decision of an Immigration Judge to the Board of Immigration Appeals. The
information you provide is required to appeal the decision and failure to provide the requested
information may result in denial of your request. EOIR may share this information with others in
accordance with approved routine uses described in the following EOIR systems of records notices
(SORNs), or their successors: JUSTICE/EOIR-001, Records and Information Management System,
69 FR 26179 (May 11, 2004); JUSTICE/BIA-001, Decisions of the Board of Immigration Appeals,
48 FR 5331 (Feb. 4, 1983). If paying by check, EOIR is authorized by 5 U.S.C. § 552a(e)(3) to
solicit and collect information from your check, and to share this information with others in
accordance with the approved routine uses described in SORN Treasury/FMS.017, Collections
Record-Treasury/Financial Management Services, 70 FR 34522, 34532-22 (Jun. 14, 2005).
Departure from the United States:
If you leave the United States after an Immigration Judge’s decision in removal or deportation
proceedings, but before you appeal the decision to the Board, you may have waived your right to
appeal. If you leave the United States after filing an appeal with the Board, but before the Board
decides your appeal, your appeal may be withdrawn and the Immigration Judge’s decision put into
effect as if you had never filed an appeal.
Summary Dismissal of Appeal:
The Board may summarily dismiss any appeal or portion of any appeal in which: (1) The appellant
fails to specify the reasons for the appeal (see Part F above); (2) The only reason specified by the
appellant for his or her appeal involves a finding of fact or conclusion of law that was conceded by
him or her at a prior proceeding; (3) The appeal is from an order that granted the appellant the relief
that had been requested; (4) The appeal is filed for an improper purpose, such as unnecessary delay, or
lacks an arguable basis in fact or law, unless the Board determines that it is supported by a good faith
argument for extension, modification, or reversal of existing law; (5) The appellant indicates on Form
EOIR-26 that he/she will file a separate brief or statement in support of the appeal and, thereafter,
does not file such brief or statement, or reasonably explain his or her failure to do so, within the time
set for filing (see Part H above); (6) The appeal does not fall within the Board’s jurisdiction or
jurisdiction lies with the Immigration Judge rather than the Board; (7) The appeal is untimely or
barred by an affirmative waiver of the right to appeal that is clear on the record; or (8) The appeal fails
to meet essential statutory or regulatory requirements or is expressly excluded by statute or regulation.
WARNING! You must:
• Sign the Notice of Appeal (item #9).
• Include the fee payment receipt, fee, or Fee Waiver Request (Form EOIR-26A).
• Complete and sign the Proof of Service (item #12).
• Make sure your appeal is received at the Board on or before the filing due date.

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Form EOIR-26
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