Receiving a final removal order can put your future in the United States at risk. You may worry about leaving your family, losing your job or returning to a country where you fear harm. However, an immigration judge’s decision may not be the end of your case. You may have the right to challenge the decision through an appeal.
Time matters because missing a filing deadline can limit your options. Knowing where to file and when the Board must receive your appeal can help protect your right to challenge the decision.
Knowing your appeal deadline
If an immigration judge orders your removal, you may be able to appeal to the Board of Immigration Appeals (BIA). The BIA reviews legal questions independently, using a process called de novo review. However, it reviews the judge’s factual findings for clear error. This means the BIA generally will not overturn a factual finding unless the judge made a clear mistake.
For many immigration court decisions, Form EOIR-26 must reach the BIA within 30 calendar days. The deadline generally runs from the judge’s oral decision or the mailing or electronic service of the written decision, depending on how the decision was issued.
The BIA does not follow a mailbox rule. For paper filings, the filing date generally depends on when the Board receives the notice, not when you mail it. A timely appeal may trigger an automatic stay of removal while the BIA reviews the case, but exceptions may apply.
Steps that may help protect your case
Preparing an appeal involves more than disagreeing with the judge’s decision. Your filing must follow the required rules and explain why you believe the decision was wrong. Important steps may include:
- Reviewing the order: Checking the decision date and the judge’s reasons can help identify possible errors.
- Completing Form EOIR-26: This form serves as your notice of appeal from an immigration judge’s decision.
- Checking filing requirements: Meeting the filing rules and addressing any required fee or fee-waiver request can help prevent delays.
- Using the correct filing system: Eligible cases may allow electronic filing through EOIR’s Courts & Appeals System (ECAS). For accepted electronic filings, the submission date generally controls. Rejected filings may not count as filed.
An immigration lawyer can review your order, assess possible grounds for appeal and help prepare the required documents before the deadline.
Acting before time runs out
Appealing a removal order involves strict deadlines and filing rules. Reviewing your order promptly can help you identify your options and take steps to challenge the decision before time runs out.