Board of Immigration Appeals (BIA)

The Notice of Appeal is filed on Form EOIR-26 and must be received by the BIA no later than 30 calendar days after the immigration judge renders an oral decision or mails a written decision. The BIA calculates deadlines by the date of receipt; not the date you mailed the form. Because postal delays happen, you should not wait until the last few days to file.

As of February 2026, the EOIR-26 filing fee is $1,030, and EOIR requires payment through the EOIR Payment Portal. If you cannot afford the fee, a fee waiver may be requested on Form EOIR-26A. If you cannot afford the fee, a fee waiver is available through Form EOIR-26A. We can help you determine whether you qualify and prepare the waiver request correctly.

One point we emphasize to every client at this stage: Do not waive your right to appeal in the immigration court hearing room without first speaking with an attorney. If the immigration judge asks whether you wish to appeal, do not waive appeal without understanding the consequences. In many cases, reserving appeal preserves your ability to file Form EOIR-26 within the 30-day deadline. You have the right to reserve appeal. If you waive that right and later change your mind, options become extremely limited.

Prepare & File a Strong Written Brief

The written brief is often where appeals are won or lost. We will prepare a thorough appellate brief identifying the specific errors the immigration judge made, citing the applicable statutes, BIA precedent decisions, and Ninth Circuit case law.

Briefing schedules are strict and depend on the case type. Under current EOIR guidance, detained appeals generally receive simultaneous 21-day briefing, while non-detained appeals are generally briefed sequentially on 21-day deadlines. 

Handle Appeals Involving Criminal Convictions

If your removal order was based on a criminal conviction—including a conviction that you believe was improperly classified as an aggravated felony, a crime involving moral turpitude, or a controlled substance offense—we can evaluate whether the immigration judge applied the law correctly. 

We can also assess whether post-conviction relief in the criminal courts (such as a motion to vacate or withdraw a guilty plea) could change the immigration consequences of that conviction, either in connection with an appeal or as a separate strategy.

File Motions to Reopen or Reconsider When an Appeal Is Not Available

If the deadline to file a BIA appeal has passed, all may not be lost. In certain circumstances, a Motion to Reopen or a Motion to Reconsider can be filed with the immigration court or the BIA itself. These are separate procedural tools (not appeals) that can revive a case when there is new evidence, changed circumstances, or a legal error that was not addressed in the original proceedings.

• A Motion to Reopen, in many cases, must be filed within 90 days of the final administrative order. There are important exceptions, including certain changed-country-conditions claims, but those exceptions have specific legal requirements.
• A Motion to Reconsider generally must be filed within 30 days of the relevant final administrative decision, and it must identify specific errors of fact or law.

These motions have their own requirements and standards, and they are not a substitute for a timely appeal. But for clients who have already missed the appeal window or whose cases were decided years ago under circumstances that have since changed, they can be a critical avenue worth exploring.

Pursue a Petition for Review in the Ninth Circuit

If the BIA upholds the immigration judge's decision against you, the next level of review is the U.S. Court of Appeals for the Ninth Circuit. A petition for review must be filed within 30 days of the final order being reviewed, so immediate case-specific advice is critical. Because California cases generally proceed to the U.S. Court of Appeals for the Ninth Circuit, Ninth Circuit precedent may significantly affect the issues and arguments available in a petition for review.

Federal appellate review is highly technical and procedurally demanding. It is conducted entirely through written legal briefs and focuses on whether the BIA committed a legal or constitutional error. We can evaluate your BIA decision and advise you honestly on whether a Ninth Circuit petition is worth pursuing, and we can handle the filing and briefing if it is.