How to appeal an immigration judge decision under the 2026 rules

This page covers appeals from an immigration judge to the Board of Immigration Appeals. It is general information, not legal advice. Appeals are hard to do alone. Please get legal help if you possibly can.

A judge's "no" is not always the last word. Here is how to keep your case alive.

How much time do I have to appeal?

30 calendar days. Here is why you may hear different numbers:

• In February 2026, the Department of Justice published a rule that cut the deadline to 10 days for many cases, starting March 9, 2026.
• On March 8, 2026, a federal court in Washington, D.C. (Amica Center for Immigrant Rights v. EOIR) set aside the 10 day change.
• On March 13, 2026, the head of the immigration courts issued Policy Memo 26-02. It says the deadline for appealing a judge's decision is 30 days, and that no judge should tell anyone it is 10 days.
• The printed regulation online still shows the 10 day text. The court case is on hold while the government works on a new rule, and the earlier ruling still stands (American Immigration Council case page, update of April 10, 2026). We found no new rule as of October 21, 2026. So the safest plan is simple: file as soon as you can.

How the 30 days are counted:

• If the judge decided out loud in court, count from that day. If the judge mailed or sent a written decision, count from the date it was sent.
• The Board must receive your appeal within 30 days. Mailing it on day 30 is too late.
• If day 30 falls on a Saturday, Sunday or federal holiday, the deadline moves to the next business day.
• If your appeal arrives late, it will be dismissed and the judge's decision becomes final (Form EOIR-26, 8 CFR 1003.38).

Did you waive appeal? If you told the judge you would not appeal, you cannot file one now. Talk to a lawyer right away about other options.

Can I be deported while I appeal?

Generally no. A judge's removal order is not carried out during the time allowed to appeal, or while a timely appeal is pending (8 CFR 1003.6(a)). There are some exceptions, so ask a lawyer about your case.

If you are detained, an appeal does not by itself get you out. Ask about bond. See Bond in immigration detention.

How do I file the appeal?

1. Get the right form. Use Form EOIR-26 from the EOIR website. It is free.
2. Say exactly why the judge was wrong. Name the facts the judge got wrong, the law the judge got wrong, or both. A vague reason like "the judge was unfair" can get your appeal dismissed on that alone. Say this even if you plan to write a longer brief later.
3. Say whether you will file a brief. The form asks.
4. Pay the fee or ask for a waiver. The fee is $1,060 for appeals filed on or after October 1, 2026 (91 FR 54211, AILA copy). EOIR takes payment only through the EOIR Payment Portal, and your filing must show proof of payment. If you cannot pay, attach Form EOIR-26A, Fee Waiver Request. Without the fee or a waiver request by the deadline, the appeal is not properly filed. The paper form still mentions an older $110 fee paid by check; follow the portal instead.
5. Send a copy to the government lawyer. Mail or deliver a copy of everything to the DHS ICE Assistant Chief Counsel for your court, then fill in and sign the proof of service on the form.
6. Send it so it arrives on time. Mail or deliver it to the Board's Clerk's Office in Falls Church, Virginia. Use a service with tracking. Keep a full copy.
7. Keep your address current. If you move, tell the Board on Form EOIR-33 within five working days.

What happens after I file?

• When a transcript is needed, the Board has it typed, then sends a briefing schedule.
• You and the government file briefs at the same time, 20 days after the Board's schedule order (8 CFR 1003.3). If no transcript is needed, briefs are due no more than 35 days after you filed the appeal.
• The Board will not accept a reply brief unless it asks for one.
• Extra time is given only for "exceptional circumstances." Busy schedules or travel plans do not count.

A brief is your chance to explain the law and the facts in detail. This is where a lawyer helps the most.

What if the Board rules against me?

You may ask a federal court of appeals to review the Board's decision. The petition must be filed within 30 days of the Board's final order (8 U.S.C. 1252(b)). It goes to the court of appeals for the area where the immigration judge finished your case.

Filing that petition does not stop deportation by itself. You must ask the court for a stay. This step almost always needs a lawyer.

You may also ask the Board to reopen or reconsider your case. Those motions cost $1,060 at the Board or $1,095 before a judge (checked October 21, 2026). See Can I reopen my deportation case?

What does counting the days look like?

This example is made up to show the steps. It is not a real person.

The judge denies Luis's case out loud in court on Tuesday, October 6. Day 30 is Thursday, November 5. That is the day the Board must have his appeal in hand, not the day he mails it. Luis sets his own goal: mail by October 27 with tracking, so a slow delivery still arrives on time. He pays $1,060 in the EOIR Payment Portal, prints the receipt, and attaches it. He mails a copy to the ICE Assistant Chief Counsel the same day and signs the proof of service. If the judge had mailed a written decision instead, he would count from the date it was sent.

What should I keep after I file?

• A full copy of the form, the reasons page and every attachment
• The payment receipt or your Form EOIR-26A
• The tracking number and the delivery confirmation
• Every letter from the Board, in one folder, with the date it came

If something goes wrong, such as a lost package, these papers are what a lawyer will ask for first.

Who can help?

These are free or low cost groups and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA), for San Mateo and Santa Clara County residents: 650-326-6440. Deportation defense for people with low income. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m.
• Catholic Charities San Francisco, immigration legal services (serves San Mateo County): (650) 285-6451. Immigration court cases.
• Anywhere in the United States: the DOJ List of Pro Bono Legal Service Providers names groups that help people in immigration court for free, sorted by court. In the Bay Area, see also Free or low cost immigration legal help in the Bay Area.

Only a lawyer or a Department of Justice accredited representative may give you immigration legal advice. Watch for anyone who promises to "win your appeal." See Warning signs of an immigration scam.

Is there a checklist I can print?