When an immigration judge issues a decision you believe is incorrect, the Executive Office for Immigration Review (EOIR) provides a formal path to challenge it. Understanding how the EOIR appeal process works can help you decide your next steps with confidence.
What EOIR Handles
EOIR oversees immigration courts and the Board of Immigration Appeals (BIA). If an immigration judge denies your case—whether it involves asylum, cancellation of removal, bond, or another type of relief—you may be able to appeal that decision to the BIA.
Filing the Notice of Appeal
The first step is filing Form EOIR‑26, the Notice of Appeal, directly with the BIA. This must be submitted within 30 days of the immigration judge’s decision. Missing this deadline almost always ends your ability to appeal, so acting promptly is essential.
Preparing the Appeal
After your appeal is filed, the BIA will create the record of proceedings, and you may have the opportunity to submit a written brief. This brief is your chance to explain why the immigration judge made a legal or factual error. Most EOIR appeals are decided on paper, and the BIA rarely holds in‑person hearings.
What the BIA Reviews
The BIA does not consider new evidence. Instead, it reviews the existing record to determine whether the decision was legally correct, whether proper procedures were followed, and whether the immigration judge properly interpreted the law.
How Long the Process Takes
Timeline varies, but EOIR appeals often take several months to over a year. During this time, the removal order is generally put on hold unless your case involves certain criminal issues.
Possible Outcomes
After reviewing the case, the BIA may: affirm the judge’s decision, reverse it, or send the case back to the immigration judge for further consideration. Each outcome has different consequences, so understanding the decision is important.
If you’re navigating an EOIR appeal, our team at ATR Law Group can help you understand your options. Learn more or contact us at https://www.atrlawgroup.com/.
