It is important to know that your case does not necessarily end here. If an immigration judge denied your asylum case, you still have the right to appeal the decision to the BIA. You must take the first step within 30 days of the judge’s decision. Once an appeal is filed, you cannot be deported while the appeal is pending. If you choose not to file an appeal, the removal order becomes final.
You may watch a video explaining the appeal process or review a written guide on this topic.
Steps in the appeal process:
1. Within 30 days of the immigration judge’s decision, you must file a Notice of Appeal (Form EOIR-26). You do not need an attorney to complete this form. A filing fee is required. If you cannot afford the fee, you should submit a fee waiver request (Form EOIR-26A) at the same time.
To confirm your 30-day deadline, you can check the immigration court system by calling 1-800-898-7180. Press 1, then 1 again, enter your A-number, press 1, and then press 4 to hear the deadline for receipt of your Notice of Appeal.
2. Verify that the BIA received your Notice of Appeal. You may call the automated case information line again and follow the same steps to hear the date your notice was received, or you may contact the BIA directly at 1-703-605-1007.
3. Prepare your written arguments. The next step is to submit written arguments in support of your appeal. The BIA will mail you a notice with the deadline for filing these arguments. This notice may take several months to arrive, but you should begin preparing as early as possible. The BIA will also send you a written record of your immigration court case, including transcripts of your hearings.
If you move, you must file Form EOIR-33 to update your address with the BIA so you can continue receiving important mail. You may also check the immigration court system online or by phone to confirm the deadline for your written arguments.
At this stage, having an attorney is especially helpful for preparing your written arguments.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Immigration rules may change. For guidance on your specific situation, always consult official sources or a qualified immigration attorney.
