How to File Form EOIR-26: Notice of Appeal to the BIA

To file Form EOIR-26, the Notice of Appeal from a Decision of an Immigration Judge, you must complete the form, pay the $1,030 filing fee through the EOIR Payment Portal (or submit a fee waiver), serve a copy on DHS, and get the full package to the Board of Immigration Appeals within 30 calendar days of the immigration judge’s decision.¹² Miss the deadline, leave the grounds vague, or forget proof of service, and the appeal is dismissed before anyone reads it.

The 30-Day Deadline Is Absolute

The clock starts the day the immigration judge announces an oral decision or the date a written decision is mailed or electronically delivered. You have exactly 30 calendar days from that point to get the Notice of Appeal into the BIA Clerk’s Office.¹ If day 30 lands on a Saturday, Sunday, or federal holiday, the deadline moves to the next business day.³

There is no mailbox rule. The filing date is the date the BIA receives the appeal, not the date you mailed it. Handing paperwork to detention facility staff does not count as filing.³ The Board has no authority to extend the window, so build in transit time and treat the 30 days as final.

Completing Form EOIR-26

Download Form EOIR-26 from the EOIR website. Complete all pages, items 1 through 12, in English only, and write your name and A-Number on every attached document.⁴

Identifying Information

Item 1 collects the full legal name and A-Number of every person appealing. If a family was heard together and multiple respondents are joining the appeal, list each one. Enter the date of the immigration judge’s decision and your current mailing address at item 10; the BIA uses that address for briefing schedules and the eventual ruling.

Grounds for Appeal — The Section That Decides Everything

Item 6 is where most appeals live or die. You must explain specifically why the immigration judge got it wrong. Identify the particular findings of fact, conclusions of law, or both that you are challenging. For legal issues, cite supporting authority. For factual disputes, name the exact facts you contest.⁵

Statements like “the judge was wrong” or “the decision was unfair” are not enough. The BIA can summarily dismiss any appeal where the notice, along with any brief or attachment, fails to adequately identify specific reasons.⁶ If you were denied discretionary relief such as cancellation of removal or asylum, spell out whether you are challenging the judge’s finding on statutory eligibility, the exercise of discretion, or both, and identify which factual or legal findings you dispute.

Brief Request

The form asks whether you plan to file a separate written brief. If you check yes, the BIA will issue a briefing schedule after accepting the appeal. For decisions issued on or after March 9, 2026, both sides get 20 calendar days to file briefs. A request for more time does not automatically extend the deadline; the original deadline holds until the Board expressly grants an extension.⁷

Signatures

Sign and date item 9. The BIA accepts wet ink signatures, PKI-based digital signatures, and electronic signatures made with a stylus or touchpad, with no requirement to use particular software.⁸ If a digital or electronic signature does not clearly show your name, print it legibly next to the signature line.

Paying the $1,030 Fee

The filing fee for a BIA appeal is $1,030.² Bond appeals are the one exception and carry no fee.⁹

Since February 23, 2026, EOIR no longer accepts checks or money orders. All fees are paid through the EOIR Payment Portal.⁹ The portal accepts debit and credit cards, PayPal, Amazon Pay, and ACH bank transfers. Payments process immediately, and you receive a receipt with a Payment Tracking ID.¹⁰ Print the receipt and include it with your Notice of Appeal; the Board needs proof of payment in the package.⁴

Enter the lead respondent’s A-Number in the portal. If the portal does not recognize it, ICE likely has not yet filed the charging document with the immigration court. Contact ECAS Support at 1-877-388-3842 for help.¹⁰

Fee Waiver

If paying would cause genuine financial hardship, file Form EOIR-26A (Fee Waiver Request) with the Notice of Appeal. The form asks for monthly income, recurring expenses such as rent and food, and assets like bank balances, and you sign a declaration under penalty of perjury that you cannot afford the fee.¹¹ Waivers are not automatic. Blank sections or vague numbers weaken the request.

Serving DHS and Proof of Service

Serving DHS is the step people forget, and it gets appeals rejected outright. You must serve a copy of the Notice of Appeal on the opposing party, which is almost always the DHS Chief Counsel or a designated Assistant Chief Counsel. The BIA rejects any submission that arrives without proof of service.¹²

If both parties use the EOIR Courts and Appeals System (ECAS), service happens automatically, but you still must include a certificate of service noting delivery through ECAS. If either party is not on ECAS, deliver a copy to DHS separately by mail, overnight delivery, or hand delivery.¹²

The proof of service at item 12 must include the name or title of the DHS officer or office served, the complete address where you sent it, the date of service, the method used (first-class mail, overnight, hand delivery, or ECAS), a list of the documents served, and the signature of the person who actually performed service. The signature does not have to be yours; someone you designate can serve the documents and sign the proof on your behalf.¹²

Assembling and Submitting the Package

Your complete appeal package should include:

Form EOIR-26, fully completed and signed
The EOIR Payment Portal receipt, or a completed EOIR-26A fee waiver request
Proof of service on DHS
Form EOIR-27 if you have an attorney or accredited representative
Any supporting documents, translated into English where necessary, with your name and A-Number on each page

Filing Through ECAS

The EOIR Courts and Appeals System is available to attorneys, accredited representatives, DHS, and unrepresented individuals through the Respondent Access Portal. Use has been mandatory since February 2022. Electronic filing gives instant confirmation that the appeal was received, which matters when the 30-day deadline is non-negotiable. Unrepresented respondents receive an official notice from the immigration court when eligible to register.¹³

Filing by Mail or Courier

If mailing or hand-delivering, send everything to:

Board of Immigration Appeals
Office of the Chief Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041¹⁴

The same address handles USPS, courier, overnight, and express delivery. Because the BIA counts the date of receipt, use overnight delivery with tracking when the deadline is close.

Attorney or Representative Appearance

An attorney or accredited representative must file Form EOIR-27 for each case in which they represent you. A separate form is required for every case.¹⁵ The form collects the representative’s name, firm, address, phone, email, and for attorneys the state bar and bar number. The representative certifies that no court or agency order restricts their practice of law.¹⁶ Submit the EOIR-27 with the Notice of Appeal.⁴

What Filing Does to a Removal Order

A timely appeal on the merits automatically stays a removal order. As long as the Notice of Appeal reaches the BIA within 30 days, you cannot be removed while the appeal is pending, and the stay lasts until the Board issues its final decision.¹⁷

The automatic stay does not apply to bond or custody determinations, and it does not exist if you waived your right to appeal.¹⁷

Voluntary Departure

If the immigration judge granted voluntary departure, filing an appeal does not cancel the grant, but you must post a voluntary departure bond with DHS within 30 days of filing the appeal. Without timely proof to the Board that the bond was posted, the Board will not reinstate the voluntary departure period in its final order. Later filing a petition for review in federal court automatically terminates voluntary departure and activates any alternate removal order.¹⁸

Translations of Non-English Documents

Any attached document not in English must include a full English translation. The translator must sign a certification, printed legibly or typed, stating that they are competent to translate the document and that the translation is true and accurate to the best of their abilities.¹⁹ Professional certification is not required, but the translator must attest to their competence.

Keeping Your Address Current

File Form EOIR-33/BIA within five working days any time your address or phone number changes while the appeal is pending.²⁰ The BIA updates your contact information only when it receives this specific form. A new address written on a brief, motion, or letter does not update your records, and a briefing notice sent to an outdated address still counts as delivered.

1
eCFR. 8 CFR 1003.38 – Appeals
2
Executive Office for Immigration Review. Forms and Fees
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Executive Office for Immigration Review. 3.5 – Appeal Deadlines
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U.S. Department of Justice. Notice of Appeal From a Decision of an Immigration Judge – Instructions
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eCFR. 8 CFR 1003.3 – Initiating an Appeal
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Executive Office for Immigration Review. Summary Dismissal
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Executive Office for Immigration Review. 3.7 – Briefing Deadlines
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U.S. Department of Justice. Policy Memorandum – Filings and Signatures
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Executive Office for Immigration Review. Types of Appeals, Motions, and Required Fees
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Executive Office for Immigration Review. EOIR Payment Portal Frequently Asked Questions
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Executive Office for Immigration Review. 2.4 – Filing Fees
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Executive Office for Immigration Review. 2.2 – Service
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Executive Office for Immigration Review. EOIR Courts and Appeals System – Online Filing
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Executive Office for Immigration Review. Contact the Board of Immigration Appeals
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Executive Office for Immigration Review. Enter an Appearance – File an EOIR-27 or EOIR-28
16
U.S. Department of Justice. EOIR-27 – Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals
17
Executive Office for Immigration Review. Automatic Stays
18
eCFR. 8 CFR 1240.26 – Voluntary Departure
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govinfo. 8 CFR 1003.33 – Translation of Documents
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U.S. Department of Justice. Change of Address/Contact Information Form – Board of Immigration Appeals