Last Updated: November 9, 2025.
What is Form EOIR-26?
Form EOIR-26 is a Notice of Appeal from a Decision of an Immigration Judge (“IJ”) in Executive Office of Immigration Reform (“EOIR”) immigration removal proceedings by a foreign national who seeks review of a IJ’s denial of a request of relief from removal.
The foreign national in removal proceedings is referred to as a “respondent” throughout the process.
The forms of relief from removal include:
- Voluntary Departure
- Cancellation of Removal for Permanent Residents
- Cancellation of Removal for Nonpermanent Residents
- Asylum
- Withholding of Removal
- Convention Against Torture
- Adjustment of Status
- Special Rule Cancellation of Removal
In removal proceedings, a respondent must seek relief from removal by one or more the avenues mentioned above.
The Department of Homeland Security (DHS) is represented by Immigration and Customs Enforcement’s Office of Principal Legal Advisor (“OPLA”) and serves as prosecutor on behalf of the government.
If the IJ concludes that the respondent does not qualify for relief or failed to meet the burden to establish eligibility for the relief sought, the IJ will deny the application and order the respondent removed (deported) from the United States.
When a foreign national receives a denial, time is of the essence to file a Form EOIR-26 which puts the EOIR and OPLA on notice that the respondent is filing an appeal of the IJ’s decision.
The same form is used to appeal decisions in which DHS disagrees with the approval of respondent’s request for relief and seeks review of the approval of respondent’s relief.
The approval results in the termination of the immigration proceedings against the respondent.
The EOIR-26 must be filed and received by the Board of Immigration Appeals (“BIA”) within 30 days after the Immigration Judge’s oral decision.
The judge will ask the respondent if there is a desire to appeal the decision.
It is important for the respondent to say “yes” to reserve the right to appeal on the record.
If the IJ does not issue an oral decision in open court, the appeal must be filed and received by the BIA within 30 days after the date the Immigration Judge’s written decision was mailed.
Either way, if the EOIR-26 is not received within the requisite time period, the appeal will be dismissed.
Can you appeal an immigration judge decision?
Yes, an immigration judge’s decision may be appealed in cases in which the respondent disagrees with the denial and seeks review of the decision claiming that the IJ was incorrect in its analysis of the finding of fact(s) or conclusion(s) of law.
In cases where an appeal concerns discretionary relief, the respondent must state whether the alleged error relates to statutory grounds of eligibility or to the exercise of discretion and identify the specific factual or legal findings that are being challenged.
EOIR-26 filing fee
There is a $110 filing fee that must accompany the EOIR-26, which may be paid in one of two ways.
There is an EOIR payment portal found at: EOIR Payment Portal.
To make a payment through the EOIR payment portal, the respondent must provide the unique “A” number assigned to them by DHS and choose “Appeal (Form EOIR-26)” as the filing type from the drop-down menu. You can find your A number on the immigration judge order.
Launched in October 2020, the EOIR Payment Portal is a web-based application that allows filers to electronically pay BIA filing fees.
It was created to modernize the EOIR information technology efforts.
Its benefits include 24/7 access for filers to pay the filing fee(s) by various methods such as debit or credit card, PayPal account, Amazon pay, checking or savings account and immediate availability of the payment receipt upon the successful processing of payment online.
In addition, the EOIR Payment Portal saves time as the electronic payments are processed immediately and minimizes expenses due to the reduction of paper processing.
If the filing fees are paid through the EOIR payment portal, a copy of the receipt must be included with the filing of the EOIR-26 to the Board of Immigration Appeals as proof of payment.
The alternative to paying online is to send a check or money order payable to the “U.S. Department of Justice” in the amount of $110 along with the EOIR-26 to the BIA.
The check or money order must show the respondent’s name and “A” number, be drawn from a bank located in the U.S., and must be payable in U.S. currency.
If submitting a personal check, do not forget to sign it.
If the check is returned for insufficient funds, the appeal will be dismissed as improperly filed.
The appeal may be rejected or dismissed if the respondent fails to submit a receipt of payment from the EOIR payment portal, a check or money order or a properly completed fee waiver request.
EOIR-26 fee waiver
Form EOIR-26A is a Fee Waiver Request reviewed by the BIA and if approved, the appeal will be accepted without payment of the filing fee.
This form requires the respondent to declare under the penalty of perjury an inability to pay the filing fee and that the application is valid (non-frivolous) and true and correct to the best of his/her knowledge.
The respondent must provide the source(s) and amount(s) of monthly income, and the source(s) and amount(s) of monthly expenses and any other information that helps explain the reason(s) why the respondent cannot pay the filing fee.
If the form does not establish the inability to pay the requisite filing fee, the appeal will not be deemed properly filed with the BIA.
Sample EOIR-26
What happens when you appeal an immigration judge’s decision?
The procedures to submit an appeal to the BIA are covered in the BIA Practice Manual.
The appeal process begins when the EOIR-26 is received by the BIA within 30 days of the IJ’s decision.
Once the Notice to Appeal is received by the BIA, the BIA will obtain the record of proceedings from the immigration court and sends a written receipt and when appropriate, a briefing schedule to both parties which outlines the deadlines by which the appellate briefs must be filed with the BIA.
An appellate brief advises the BIA of the appealing party’s position and arguments.
The body of the brief is limited to 30 pages so it is recommended that the brief be clear, concise, and well- organized and should cite the record and legal authorities fully, fairly and accurately.
The body of the brief includes the statement of facts and procedural history, statement of issue(s) presented for review, standard of review to be applied by the BIA, summary of the argument, the argument in full and a conclusion.
The brief should also include a cover page, table of contents, table of citations, signature block, certificate/proof of service to opposing party, addendum containing statutes, rules, regulations and/or case law; and supporting documentation.
While the appeal is pending before the BIA, the respondent may seek a stay of removal. Stays are automatic in some cases, but discretionary in others.
Can I file EOIR-26 online?
Yes, the EOIR-26 may be filed online but only by DHS, attorneys and accredited representatives in cases eligible for electronic filing through the EOIR Courts and Appeals System (“ECAS”) online filing system at: Executive Office for Immigration Review | EOIR Courts & Appeals System (ECAS) – Online Filing.
ECAS is available at all immigration courts and the BIA and its use became mandatory on February 11, 2022, for attorneys and accredited representatives to file to represent a respondent, file court and appeal documents and view case details, view and download electronic records of proceedings (“eROPS”), register for an account and pay BIA filing fees.
DHS must use ECAS to file notices to appear (“NTA”), file court and appeal documents and view and download eROPS.
EOIR-26 filing address
If not eligible for filing through the ECAS system, the EOIR-26 must be mailed or delivered in person to the following address:
Board of Immigration Appeals
Clerk’s Office
5107 Leesburg Pike, Ste. 2000
Falls Church, VA 22041
What color is EOIR-26?
While it is no longer required that EOIR forms be filed on paper of a specific color, it is strongly encouraged to print the EOIR-26 on blue paper.
If a fee waiver request is being submitted with the appeal, the EOIR-26A should be printed on tan paper.
If the respondent is represented by an attorney, the EOIR-27, Notice of Appearance before the Board of Immigration Appeals, should be printed on yellow paper.
If the respondent moves while an appeal is pending, the Form EOIR-33 (Change of Address) should be printed on pink paper and filed with the BIA within five working days of the change to the respondent’s contact information.
The BIA sends all official correspondence to the address provided by the respondent and will only change the contact information in the EOIR’s records upon receipt of the EOIR-33 form.
How long do BIA appeals take?
The processing time to receive the BIA’s response to an appeal varies but is typically between 6-18 months after the submission of the brief.
As of last year, BIA appeals are facing longer processing times and it is not uncommon to have to wait two years for a decision.
What is the success rate of BIA appeals?
The Department of Justice does not publish the actual percentage of appeals that are approved by the BIA.
However, the BIA’s adjudication statistics may be found at: 38 All Appeals Filed, Completed, and Pending.
In the first quarter of 2025, 16,647 appeals have been filed, 8,406 have been completed and 127,214 appeals remain pending as the end of of the 2024 fiscal year.
Unofficial sources claim that the BIA approval rate is somewhere between 10-30 percent.
On what grounds can an appeal be denied?
Appeals may be denied for a multitude of reasons.
Some of the most common reasons are insufficient evidence, legal misinterpretation, procedural errors, incomplete or inaccurate documentation and failure to establish eligibility criteria.
Is the BIA decision final?
Generally speaking, yes, the BIA decision is final. If the BIA denies the respondent’s appeal, the underlying order of removal issued by the IJ becomes final.
This triggers the start of the “removal period,” a 90-day window in which DHS is obligated to actively try and remove the respondent from the United States.
What happens if a BIA appeal is denied?
There are a few options available to either party after the BIA renders its decision.
The respondent and/or DHS may file a motion to reconsider within 30 days of the BIA’s entry of a removal order or a motion to reopen within 90 days of the BIA’s entry of a removal order.
The BIA may also reopen proceedings sua sponte, which means it has the authority to reopen proceedings on its motion at any time on its own initiative, as long as the BIA was the last administrative body to issue a decision in the matter.
A motion to reconsider is exactly as stated. It is used in cases in which the BIA has made a factual or legal error or if there has been a change in law since the BIA’s decision and that change in law would cause the BIA to change its decision.
The respondent is limited to one motion to reconsider and cannot introduce new evidence or state new facts in the motion.
In comparison, a motion to reopen is filed based on the unavailability of material facts at the time of the BIA’s decision.
Here, the respondent bears a heavy burden in demonstrating that if the motion to reopen is granted, the newly available evidence would change the outcome of the case.
Finally, a petition for review may be filed and received in federal court no later than 30 days after the date of the BIA’s decision.
The Circuit Court of Appeals will review the BIA’s decision to issue a final removal order (including the finding of removability and the denial of any applications for relief); deny a motion to reconsider or a motion to reopen; or deny asylum in asylum only proceedings.
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