How do I make an appeal?
If the judge denies your asylum case, the following steps should be taken. The first step in such cases is to file an appeal with the Board of Immigration Appeals ("BIA"). It is important to note that you must take this step within 30 days of the judge's decision. While your appeal is pending, your deportation will be suspended. However, if you do not appeal, the deportation order becomes final and the deportation will be carried out.
The following steps make up the appeal process:
1. Within 30 days of the immigration judge's decision, take the first step - complete and file a Notice of Appeal (Form EOIR-26). You do not need an attorney to fill out this form. The fee to complete it is $110. If for any reason you are unable to pay the fee, complete the Application for Fee Waiver (Form EOIR-26A) and attach it to the Notice of Appeal.
To find out the exact date when the 30-day period expires, you can call the Immigration Court Hotline at 1-800-898-7180:
2. Check with the immigration court system to make sure your BIA Notice of Appeal has been received. To do this, call the automated case information hotline at 1-800-898-7180. Dial 1, then 1 again, enter your A-number, press 1, and finally press 4 to find out the date your notice of appeal was received. You may also contact the BIA directly by calling 1-703-605-1007.
3. Prepare your written arguments. The next step in the appeal process is to prepare your written arguments. The BIA will mail you a notice of the deadline for submitting your written arguments. It may take several months to receive this notice, so it is recommended that you begin preparing as soon as possible. The BIA will also send you a copy of the written record of your case in immigration court, including transcripts of court hearings.
If you move, fill out Form EOIR-33 to update your address with the BIA so you don't miss important mail. You can also check online or by phone for information about the deadline for filing written comments.
In these situations, it is best to contact an attorney to competently prepare your written arguments.
The following steps make up the appeal process:
1. Within 30 days of the immigration judge's decision, take the first step - complete and file a Notice of Appeal (Form EOIR-26). You do not need an attorney to fill out this form. The fee to complete it is $110. If for any reason you are unable to pay the fee, complete the Application for Fee Waiver (Form EOIR-26A) and attach it to the Notice of Appeal.
To find out the exact date when the 30-day period expires, you can call the Immigration Court Hotline at 1-800-898-7180:
- dial 1,
- then 1 again,
- enter your A-number,
- press 1,
- then 4.
2. Check with the immigration court system to make sure your BIA Notice of Appeal has been received. To do this, call the automated case information hotline at 1-800-898-7180. Dial 1, then 1 again, enter your A-number, press 1, and finally press 4 to find out the date your notice of appeal was received. You may also contact the BIA directly by calling 1-703-605-1007.
3. Prepare your written arguments. The next step in the appeal process is to prepare your written arguments. The BIA will mail you a notice of the deadline for submitting your written arguments. It may take several months to receive this notice, so it is recommended that you begin preparing as soon as possible. The BIA will also send you a copy of the written record of your case in immigration court, including transcripts of court hearings.
If you move, fill out Form EOIR-33 to update your address with the BIA so you don't miss important mail. You can also check online or by phone for information about the deadline for filing written comments.
In these situations, it is best to contact an attorney to competently prepare your written arguments.