How to Appeal an Immigration Judge Decision

To appeal an Immigration Judge’s decision, you must file the EOIR-26 form, found at www.justice.gov/eoir/file/eoir26/dl. The EOIR-26 needs to be filled out in English.

Please have any documents you received from the immigration court with you while answering these questions 

• First, write your full, legal name in the box. Then, next to your name, write your A Number. Your A Number should be located on your court documents and will be listed as “A” followed by 7-9 numbers. Here is an example of how it should be written:
  
  “John Doe, A 123-456-789” 
   
• If there are other Respondents on the case who also are appealing the Immigration Judge’s decision, add their names and A Number to the list as well. Having more than one Respondent is typical especially when your case includes your child, spouse, or parents. Here is an example of how it should be written when multiple Respondents are appealing:
  
  “John Doe, A 123-456-789
  Jane Doe, A 987-654-321 
  James Doe, A 000-111-222”
   
• Do not write in the grey box labeled “For Official Use Only”
   
• The “WARNING” box explains that if you do not list all Respondents appealing, then only the names and A numbers written in the form will be included in the appeal.
   
• Note that on the side of the page, it says “Staple Check or Money Order Here. Include Name(s)and “A” Number(s) on the face of the check or money order.” If you do not fill out the EOIR-26A Fee Waiver form, then attach your appeal payment here. Specific steps for payment starton page 17 of this resource. 

This question is asking who you are. You must only mark one box. You should check the Respondent/Applicant box. Do not mark the DHS-ICE box. 

This question is asking whether you are currently detained or not detained. Being detained means that you are being held in ICE custody. You must only mark one box. 

This question is asking where your last court hearing was. You must include the location, city, and state in which it took place. Here is an example of how it should be written:

“Bishop Henry Whipple Federal Building, Fort Snelling, MN” 

• You must only mark one box, not multiple boxes.
   
• If there are multiple decisions you want to appeal, you must use more than one Notice of Appeal. Each Notice of Appeal must be on a single, different decision to appeal.
   
• Mark the first box if you are appealing the Immigration Judge’s decision in a merits proceedings. Merit proceedings include proceedings regarding asylum, removal, deportation, or exclusion. You must know the date of the hearing in which the IJ made the decision you wish to appeal. The date should be written as Month/Day/Year.
   
• Mark the second box if you are appealing the Immigration Judge’s decision in bond proceedings. Bond proceedings are proceedings where an Immigration Judge decides if a detained Respondent should be released from detention and if so, how much money bond must the Respondent pay. You must know the date of the bond hearing. Date should be written as Month/Day/Year. Do not mark the boxes labeled “Yes” or “No” since those are for DHS’s use only.
   
• Mark the third box if you are appealing the Immigration Judge’s decision denying a motion to reopen or a motion to reconsider. For example, if you asked the judge to reopen your case after you missed a hearing and the immigration judge issued a removal order that you learned about later. You must know the date of the judge’s decision denying the motion. Date should be written as Month/Day/Year.

This question requires you to provide reasons why you are appealing the Immigration Judge’s decision. For example, the Immigration Judge may not have used the correct legal rule or misapplied the law or misunderstood the facts of your case. 

• Note: You cannot appeal an Immigration Judge’s decision using this form if the decision was based on a Reasonable fear 8 C.F.R. § 1208.31(g)(1), Credible fear 8 C.F.R. § 1208.30(g)(2)(iv)(A), or a Claimed status review 8 C.F.R. § 1235.3(b)(5)(iv). If you want to challenge a reasonable or credible fear interview denial, you must immediately request review from an Immigration Judge and you should reach out to an attorney as soon as possible. This guide explains what may happen after a credible fear determination: https://abaprobar.org/wp-content/uploads/2023/02/CFI-ENG.pdf. Additional guidance about requesting review of Credible or Reasonable Fear denials can be found here: https://firrp.org/media/CFI-RFI-denied.pdf. 
   

1. Gather and Review Information from your Case
It is important that your reasons for appeal are based on the record of proceedings and the decision the judge made in your case. There are several ways for you to review the record in order to decide if you want to appeal the judge’s decision: 

• Review the written immigration judge decision: The decision could be very detailed, including a written summary of the evidence and the specific reasons the judge made decisions on your credibility, the weight of the evidence and the specific relief granted or denied.
   
• Listen to the hearing recording: It could also be a written order that does not have detailed information about your case. This usually happens if a judge issues an oral decision that you listened to during your hearing. If this happens, then it is important to listen to the “Record of Proceeding” from the hearing. You can request a digital copy of the hearing recording by emailing EOIR: EOIR.BIA.ROP.Requests@udoj.gov
   
• Read through evidence in the record: The immigration judge should have carefully reviewed documents that you and OPLA (the lawyer representing the government) submitted in your case. You should have kept copies of what you gave to the judge and OPLA should have given you copies of anything they submitted to the court. You can request a complete copy of the documents in your court file using Form EOIR-59. You can learn more here: https://www.justice.gov/eoir/ROPrequest. You will want to do this right away so that you have the best chance to receive it before your 30- day appeal deadline. FOIAs often take longer than 30 days, and you must still file your appeal on time regardless of whether you have received a response.
   
• Compare hearing notes to the court record: If you or anyone else in the courtroom took notes during the hearing, that can help remind you of what was said and any problems you noticed during the hearing. It is important to cross check your notes with any documents you or the government lawyer gave the court before the final hearing when you are preparing your appeal or any additional written arguments you send to the BIA later.
   
• A note about hearing transcripts: You will not have the chance to read through the hearing transcripts, which is the written record of the hearing, until after your appeals filed. Once you get that written record, it will be important and helpful to readthrough the transcript to see if you identify additional errors. In order to preserve the opportunity to provide more reasons for appeal after you have a chance to read the transcript, you should include a statement at the end of question 6 that says,“Respondent reserves the right to raise additional arguments upon receipt of transcript.”
   

2. Identify Errors in the Immigration Judge’s Decision. 
It can be difficult and feel overwhelming to identify and explain errors that are sufficient for an appeal. Remember, you have a right to appeal your case if you think the judge made the wrong decision. You will also have an opportunity to provide more explanation as part of your legal brief after you file the Notice of Appeal. Here are some questions to consider as you review the record: 

• If you requested an interpreter, could you understand them?
   
• Were there any times where the immigration judge cut off your testimony before you were finished?
   
• Did all of your witnesses have an opportunity to testify? If not, did the judge provide a good reason for not allowing them to testify?
   
• If the judge allowed witnesses to provide a written statement, but not oral testimony, is there more information the witness could have provided that wasn’t fully explained in the written statement? Did the judge exclude the written statement or not mention it at all in their decision?
   
• Was there important evidence in your case that the judge did not mention in their decision?
   
• Was the ICE/OPLA attorney overly aggressive with their questions? Did it ever feel like they were harassing you and the judge did not stop them? Were there things that were important to your case but you were too scared to say because of how the judge or ICE was treating you?
   
• Did you have a mental or medical health issue that kept you from fully understanding what was going on in the hearing?
   
• Did you ask to take a break during the hearing and the judge did not allow it?
   
• Did the judge mischaracterize testimony you provided? If the judge’s decision talked about an inconsistency in your testimony (either how you explained things during the hearing or between what you said and documents in the record), did the judge give you an opportunity to explain? Do you think the record was clear and the judge was confused about the evidence and made the wrong decision because they misremembered or misunderstood the evidence?
   

3. Determine which type of errors. 
First, write whether you are appealing because the Immigration Judge did not use the correct legal rule or did not understand how the legal rule they used works or because the Immigration Judge did not understand the facts of your case. If you believe that the Immigration Judge did not correctly use the legal rule and did not understand the facts of your case, write both.

4. Write out your arguments. 
You can write out arguments on the form in the box for Question 6 or on a separate sheet of paper. If you want to attach a longer response to Question 6, those documents must be in English and have your name(s) and “A” Number(s). If any of the documents you are submitting were translated into English, you must include the translator’s statement stating that the translator is competent and that the translation is true and accurate. Your arguments should include three essential parts: 

1. The type of error the judge made
    
2. The specific error in decision or violation in process
    
3. The remedy you are seeking. 
    

Sample Structure: “The IJ made a [legal/factual error, abused their discretion, or violated due process]…when [explain the error and the impact on the finding in the IJ’s decision].

The BIA should [reverse the IJ’s finding/remand to apply the correct legal standard/remand to correct the process violation].” 

This question asks if you would like to request oral argument. Oral argument allows you to present your arguments in front of three judges with the BIA. The BIA generally does not grant oral argument in most cases, and instead decides the majority of appeals based on its review of written arguments.

Typically, oral arguments are made by attorneys. If you plan to work with an attorney in the future, you may want to mark “Yes.” This does not guarantee that you will be granted oral argument. However, if you say “No,” you will not be able to request oral argument later on, even if you work with an attorney and decide you would like to request an argument. 

• This question asks if you would like to write a brief, which is a written statement to support your case.
  • In a brief, you explain why the immigration judge got your decision wrong in more detail. Marking “yes” to this question gives you more time to identify your arguments in detail, especially if you are still waiting for a record of your proceedings.
     
  • If you plan to seek an attorney to help you with your appeal, marking “yes” to this question will give an attorney you hire more opportunity to present specific arguments supporting your appeal.
     
• Mark only one of the boxes, not multiple.
   
• If you say yes, you will receive a briefing schedule from the BIA. A briefing schedule tells you when your brief is due, and you can find an example here: https://help.asylumadvocacy.org/bia-briefing-schedule/.
   
• IMPORTANT: If you say yes to this question, you must submit a brief or other written statement. If you say yes and you do not write a brief, the BIA may dismiss your case.
   
• For more detail about what goes in a brief, consult this resource: https://abaprobar.org/wpcontent/uploads/2021/08/ABA_BIA-Appeals-Guide-English.pdf
   
• If you said yes to question 7 (oral argument), you also need to say yes to this question.

This question asks if you have an attorney.

• If you do not have an attorney, you may check yes to be considered for an attorney through the BIA Pro Bono Project. The BIA Pro Bono Project assigns free attorneys to respondents without attorneys but does not guarantee representation.
  • However as of June 2025, it is not clear that this project is still operating. Therefore, we recommend seeking representation elsewhere.
     
• If you mark yes, you are allowing the BIA to provide some information about your case to attorneys who may work with you as part of the BIA Pro Bono Project.
  • This is not all of your case information; it is only a summary of your case.
     
• Mark only one of the boxes, not multiple. 

This warning is about question 7 (oral argument) and question 8 (writing a brief).

It reminds you that, if you say yes to question 7, you need to explain in your answer to question 6 why your case should be reviewed by a three-member panel. This is explained in the notes about question 6 and about question 7.

This warning also reminds you that, if you say yes to question 8 (writing a brief), you must submit a brief by the deadline provided in the briefing schedule, or the BIA may dismiss your appeal. This is explained in the notes about question 8.

You do not need to check any boxes or write anything in this warning box. 

Write your full, legal name on the line here.

Do not sign in cursive or other style.

Write your name using the Latin alphabet (A, B, C, etc.). Do not use characters from other scripts such as Arabic.

     Example: John Doe 

Sign your name on the line here, to the right of the X.

Sign using the Latin alphabet (A, B, C, etc.), rather than using characters from other scripts such as Arabic. Write the date that you sign. The date should be written as MONTH/DAY/YEAR. 

     For example, June 12, 2024 is written as 06/12/2024. 

This question asks you to write down the address where you currently receive mail. If you are currently detained, list the mailing address of the location where you are detained.

• The first line asks for your name.
  • Write your full, legal name on the line here.
  • Do not sign in cursive or other style.
  • Write your name using the Latin alphabet (A, B, C, etc.). Do not use characters from other scripts such as Arabic.
     
• The second line asks for the street address where you receive mail. For many people, this is the same as the address where they live. 
  
  Example: 123 Montreal Avenue
   
• The third line asks if you have an apartment or room number. If you do not have an apartment or room number, leave this blank.
  
  Example: Apartment 100 or just 100
   
• The fourth line asks for your city, state, and zip code. 
  
  Example: Minneapolis, Minnesota 55455
   
• The final line asks for your phone number. Your phone number should be written like this: XXX-XXX-XXXX 
  
  Example: 123-456-7890 
   
• You only need to fill out the left address form. The right side asks for an attorney’s address. If you do not have an attorney, leave this blank.
   
• If your address or telephone number changes, you must notify the BIA within five business days (Monday through Friday are business days.)
  • To notify the BIA, fill out a Change of Address Form (Form EOIR-33/BIA), found here: https://www.justice.gov/eoir/media/1341901/dl?inline
     
• The second “NOTE” at the bottom is for attorneys. You do not need to do anything about this note. 

• You must send a copy of this form to opposing counsel in addition to sending a copy of this form to the BIA.
   
• When you fill out this Proof of Service section, you are certifying that you have sent a copy to opposing counsel.
   
• Opposing counsel is the Assistant Chief Counsel of DHS-ICE.
  • DHS’s address is listed on the first page of the immigration judge’s decision, in the top left corner, as well as the DHS/ICE attorneys on your case. 
  • You can also search for your local DHS office using this website: https://www.ice.gov/contact/field-offices. Scroll down to the line that says “Filter By.” First, choose your state. Next, where it says “Office Type,” select “Office of the Principal Legal Advisor.” This search will bring up the DHS office in your state.
     
• Print your name and the date that you deliver or mail a copy to opposing counsel.
  • The day should be MONTH/DATE/YEAR.
     
• If you are mailing this document, fill out this question on the day you mail it. The date should be the day you mail it.

You must read the General Instructions on Form EOIR-26: see https://www.justice.gov/eoir/page/file/1327636/dl?inline

You must make sure you fill out the whole form and include any additional documentation.

You must fill out this form in English.

By the time you file Form EOIR-26, you should have checked all these boxes. 

1. Make a copy of your completed Notice of Appeal for your records.
    
2. Make another copy of your completed Notice of Appeal to send to the government.
   
   If your removal proceedings took place at the Fort Snelling Immigration Court, you can serve OPLA by mailing them at this address:
   
   DHS/ICE Office of Chief Counsel
   1 Federal Drive, #1800
   Fort Snelling, MN 55111
   
   Make sure this address matches the information in the “Proof of Service” box on your appeal form. Confirm the address is still accurate at https://www.ice.gov/contact/field-offices.
    
3. Prepare the payment or the waiver request for the $900 filing fee
    
4. Mail your notice of appeal and fee or fee waiver to the BIA at the following address: 
   
   Board of Immigration Appeals Clerk’s Office
   5107 Leesburg Pike, Suite 2000
   Falls Church, VA 22041
   
   Confirm this address is still accurate at: https://www.justice.gov/eoir/contact-eoir#BIAClerks.
    

Remember, your signed and completed EOIR-26 and filing fee or fee waiver must be received by the BIA within 30 days of the IJ’s decision

After completing the EOIR-26 form, fill out the EOIR 26(A) fee waiver request form if you are financially unable to pay the $900 filing fee. The form can be accessed here: https://www.justice.gov/eoir/page/file/1237856/dl. Typically, individuals qualify for a fee waiver if their household income is at or below 150% of the Federal Poverty Guidelines at the time of filing. Consult this website for more information: https://aspe.hhs.gov/topics/poverty-economic-mobility/povertyguidelines.

Be aware that if your fee waiver is denied because you do not qualify financially, you will receive a rejection notice and you must refile with the $900 filing fee or a corrected fee waiver within 15 days or your appeal will not be reviewed. For more information, see here: https://www.justice.gov/eoir/reference-materials/bia/chapter-3/4. If you are close to the income threshold to qualify for this waiver, you may want to try to pay the $900 rather than risk denial. 

Write your last name, then your first name, and then your middle name in the first box.

• Example: If your name is John Michael Doe, you should write it as Doe, John, Michael.
   
• Write your name using the Latin alphabet (A, B, C., etc.). Do not use characters from other scripts such as Arabic.
   

On the right side, write your A number. Your A number should be located on your court documents and will be listed as “A” followed by 7-9 numbers. You used your A number above when you filled out the EOIR-26 form. 

This is an affidavit, which is a signed acknowledgment that the information you have provided is correct.

If you sign this affidavit, you are confirming that the information you have provided is true, that you are the person listed on the form and that you are unable to pay the filing fee. You are also declaring that the information is correct and true as far as you are aware.

You must print your name in the first box.

• Write your full, legal name on the line here.
  
  Example: If your name is John Michael Doe, then you may write your name as John Michael Doe.
   
• Do not put your last name first, like you did for the question above.
   
• Do not sign in cursive or other style.
   
• Write your name using the Latin alphabet (A, B, C, etc.). Do not use characters from other scripts, such as Arabic.
   

Sign your name in the box below the first box.

• Sign using the Latin alphabet (A, B, C, etc.), rather than using characters from other scripts, such as Arabic.
   

Write the date that you sign in the box to the right of the two boxes.

• The date should be written as MONTH/DAY/YEAR.
  
  For example, June 12, 2024 is written as 06/12/2024. 

• This question asks about your income. You must fill out each box.
   
• You must provide your average monthly income and costs for each item.
  • This means that if you are paid more than once a month or annually, you will need to do a calculation to see how much you make every month.
     
  • If you make $12,000 in a year, you will divide $12,000 by 12 because there are 12 months in the year, then write $1,000 as your monthly income This will tell you how much you make per month.
     
  • If you make $500 per week, you will multiply $500 by 4 because there are usually 4 weeks in a month, then write $2,000 as your monthly income.
     
• Use gross amounts. Gross amounts are how much you make before any taxes or state/federal payroll withholdings have been taken out.
   
• The first line (“Employment”) asks about your employment income.
  • This is money you make from a job.
     
  • You must include money you make from self-employment. Self-employment means you work for yourself, rather than another employer.
     
• The second line (“Income from real property”) asks how much money you make from property that you own.
  • If you are a landlord, for example, this counts as income from real property because your renters pay you to live on your property.
     
• The third line (“Interest from checking/or savings”) asks how much you make on your bank accounts.
  • If you have a bank account, you need to see if these accounts make any money through interest.
     
• The fourth line (“All other income”) asks about any other sources of income that you have.
  • If you are making money that is not through your employment, property, or interest on bank accounts, you must include that here.
     
  • This includes child support payments, money from the government through social security if you are retired, unemployment if you do not have a job, etc.
     
• Add up lines 1-4, and write the total amount of lines 1-4 in the bottom right corner 

• This question asks how much you spend every month.
   
• Like the question about your income, this question asks for your monthly average.
   
• The first line (“Rent or home-mortgage”) asks how much you pay for rent or your home mortgage each month.
  • If you rent a lot for a mobile home, you must include this here.
     
• The second line (“Utilities”) asks how much you pay for electricity, water, heating, sewer, telephone, internet, and more each month.
   
• The third line (“Installment payments”) asks how much you pay on debts each month.
  • Do not include rental or mortgage payments here. 
     
  • This can include things like a car loan payment or credit card debt payment.
     
• The fourth line (“Living expenses”) asks how much you pay for day-to-day living expenses.
  • This includes food, clothing, transportation (public transit, taxis, gas), child care or school tuition, and more.
     
• The fifth line (“All other expenses”) asks how much you pay for anything not mentioned in the prior lines.
  • This includes taxes, attorney fees, medical expenses, insurance expenses, and more.
     
• Add up lines 1-5, and write the total amount in the bottom right corner.

• This question calculates your monthly net income.
   
• In the first line, write the total amount from question 1.
   
• In the second line, write the total amount from question 2.
   
• In the third line, subtract the total expenses (question 2) from the total income (question 1),and write that number in the bottom right corner. This is your monthly net income. 

This question asks if there is any other information that explains why you cannot pay the filing fee.

If you believe there is other information that could help explain why you cannot pay the $900 filing fee, please add that information here.

For example: If you were recently in a car accident, lost your home to a fire, or have a new medical condition, you can describe how those circumstances are impacting your ability to afford the filing fee.

You may attach additional pages, but you must include your A number and name on every page of additional information 

This question asks your attorney or representative to sign the form.

If you do not have an attorney or representative, then leave this section blank 

1. Make a copy of your completed Fee Waiver Request for your records.
    
2. Attach the Fee Waiver Request to your completed EOIR-26 Notice of Appeal.
    
3. Follow the mailing instructions on pg. 15-16 

• If you marked “yes” to Question 8, you will receive a briefing schedule. It may take a few months or much longer before you receive this from the BIA. Once you receive this notice, it will explain the next steps and deadlines for submitting additional arguments in support of your appeal.
   
• You should try to find an attorney as quickly as possible if you would like an attorney to help make legal arguments and file the legal brief.
  • Finding an attorney as quickly as possible will help ensure that your attorney has enough time to review the record and write a brief before the BIA’s deadline.
     
• Briefs will be filed by you and the government. You must comply with the briefing schedule, even if you do not hire an attorney. If you do not submit additional support for your appeal before your briefing deadline, the BIA will deny your appeal.
   
• Once you and the government submit your briefs, the BIA reviews your case. It may be several months or possibly years before the BIA issues a decision 

Form EOIR-26 Notice of Appeal: https://www.justice.gov/eoir/file/eoir26/dlFormEOIR-26 

Instructions: https://www.justice.gov/eoir/page/file/1327636/dl?inlineFormEOIR-26A 

Fee Waiver Request: https://www.justice.gov/eoir/page/file/1237856/dlAnnotated 

Sample Notice of Appeal: https://immigrationjustice.us/get-trained/asylum/after-the-decision/annotated-sample-notice-of-appeal-bia/

Sample Supplement to Notice of Appeal: https://immigrationjustice.us/get-trained/asylum/after-the-decision/sample-supplement-eoir-26/

Sample BIA Briefs: https://immigrationjustice.us/get-trained/index-of-sample-materials/

Requesting Record of Proceedings: https://www.justice.gov/eoir/ROPrequest

Legal Brief Guide: https://abaprobar.org/wp-content/uploads/2021/08/ABA_BIA-AppealsGuide-English.pdf

Change of Address: https://www.justice.gov/eoir/media/1341901/dl?inline

Find your Local ICE Office: https://www.ice.gov/contact/field-offices

BIA Current Address: https://www.justice.gov/eoir/contact-eoir#BIAClerks.

BIA Appeal Guide: https://firrp.org/media/BIA-Appeal-Guide-2013_new-BIA-address-2013.pdf

National Immigration Legal Services Directory: https://www.immigrationadvocates.org/legaldirectory