Just like in state and federal courts, you can appeal a removal order or other negative ruling in immigration court.
Here are some frequently asked questions about filing your appeal.
How do you file an immigration appeal?
You file an appeal with the Board of Immigration Appeals (BIA).
The BIA is the highest administrative body for interpreting and applying immigration law. BIA decisions, therefore, all binding on all immigration judges nationwide. The BIA can overturn or affirm an immigration judge decision.
The BIA consists of 28 judges and is located just outside Washington, D.C., in Falls Church, Virginia.
Like immigration courts, the BIA is an administrative body that is part of the Executive Office for Immigration Review (EOIR).
What is the deadline to appeal an immigration judge's decisions?
You have 30 calendar days to appeal a removal order or other unfavorable ruling, such as an order denying asylum.
The clock starts on the date the immigration judge issues a written decision. If the judge makes an oral ruling without an accompanying written opinion, the clock starts the day the ruling is announced in court. If the court issues an oral ruling and later follows-up with a written ruling, the written ruling starts the clock.
Example #1: The immigration judge in Honolulu Immigration Court presides over a hearing on January 1, 2026. He announces that he is denying your asylum claim. The judge does not enter a written order, however, until January 12.
You must appeal the decision no later than February 11 (30 calendar days from January 12).
Can I file my notice of appeal electronically?
Yes.
To file electronically, you must register for an online account (ECAS) with the Executive Office of Immigration Review, which is responsible for managing the immigrant court process nationwide.
You do not have to be an attorney to file documents electronically.
Note, however, that the ECAS is the only authorized electronic method of service. You cannot, for example, email your Notice of Appeal to the immigration court. The clerk's office will reject your filing, and you may permanently lose your right to appeal.
I cannot file electronically. Can I file by mail instead?
Yes.
You can file your Notice of Appeal via mail to the following address:
Board of Immigration Appeals
Clerk's Office
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041
If you file by mail, the BIA deems your documents “filed” the date the clerk's office receives your pleadings, not the date your mailing was postmarked, which is typically the rule in state courts in Washington, Oregon, Alaska, and Hawaii.
Example: You want to appeal a removal order that the immigration judge signed on January 1, 2026. The U.S. Post Office receives your notice of appeal on January 29, postmarks it that day, but it does not reach the BIA until February 2.
Your appeal is not timely because the BIA received your notice of appeal 32 days after the date of the immigration order (30 days in January plus 2 days in February).
What documents do you have to file?
You have to file a Notice of Appeal form, which is filed on Form EOIR-26. The notice officially tells the BIA that you are filing an appeal.
You must attach to the Notice a separate paper in which you summarize the reasons for your appeal. This means you tell the BIA what legal errors or factual mistakes you think the immigration judge made.
Do you have to pay a filing fee?
Yes.
The current filing fee is $110, but this fee is subject to change, so be sure to contact the BIA before you file your Notice of Appeal.
If you cannot afford the filing fee, you can submit a written request for a fee waiver and include the request with your Notice of Appeal.
Do you have to notify the government that you are appealing?
Yes.
You must serve your Notice of Appeal and any accompanying documents on the Department of Homeland Security (DHS), which prosecutes immigration cases for the federal government.
Can you present new evidence during an immigration appeal?
No.
As in state and federal court, an immigration appeal is based only on the record that the immigration judge considered before he or she made a ruling.
In appellate law jargon, this means that the BIA conducts a “paper review” of the case. It does not consider new evidence.
Do you have the right to an attorney in an immigration appeal?
No.
The Sixth Amendment guarantees all criminal defendants the right to an attorney at government expense, but immigration cases are civil cases, not criminal cases.
Can the government appeal if I win my case in immigration court?
Yes.
DHS can—and frequently will in the Trump administration—appeal an immigration judge's decision denying the government's request for a removal order.
The same rules apply regardless of which party appeals.
Should you appeal your immigration court ruling?
This is, of course, the million-dollar question in every case.
The answer depends on the facts of your case, the applicable law, and the immigration judge's legal and factual reasons for entering a removal order.
There are two (2) main reasons why you should strongly consider filing an appeal, even if you are not certain (or even very likely) to win your appeal.
First, the very act of filing an appeal automatically stays your removal order, and the stay remains in place until the BIA has ruled on your appeal. A “stay” means you cannot be removed because the immigration judge's order is notenforceable until the BIA lifts the stay. Most BIA appeals take months and sometimes even years to resolve, so at a minimum you buy yourself time.
Second, immigration law is constantly changing, sometimes rapidly so. While the appeal is pending, your legal situation might improve because Congress changes the law or because the court of appeals or the U.S. Supreme Court interprets the law in a more favorable way for your case.
If the Board of Immigration Appeals rules against me, can I appeal this ruling?
Yes.
If you lose before the BIA, you can file a petition for review with the United States Court of Appeals, which is the highest federal court apart from the U.S. Supreme Court.
The court of appeals consists of geographically based circuit courts.
If you are appealing from an immigration court case in Washington, Oregon, Hawaii, or Alaska, you will file your appeal with the Ninth Circuit Court of Appeals, which is located in San Francisco.
