The Visa Guide · Defense
BIA Appeals &
Motions to Reopen
The clock is running.
A judge’s decision is not always the last word, but the clock starts immediately, and the deadlines are among the strictest in American law. Here’s the whole playbook, in plain English.
After a Loss
Not the last word.
Five doors stay open after a loss, and each runs on its own clock.
BIA appeal
Notice of Appeal (Form EOIR-26), generally due within 30 days of the decision. Miss it and the right is gone.
Motion to reopen
Generally within 90 days, for new, previously unavailable evidence. No deadline for changed country conditions in asylum cases.
Motion to reconsider
Within 30 days, for legal or factual error.
Ineffective assistance of counsel
Reopening under the strict Lozada requirements: notice to former counsel, bar complaint, detailed account.
Federal circuit court review
Petition for review within 30 days of the BIA’s decision.
Two Paths
Wrong on the law. Or new facts.
The two main doors look similar but run on different clocks and different arguments.
Appeal
The judge got it wrong: legal errors, argued to the Board on the record built below. Generally 30 days from the decision.
Form EOIR-26 Send us the decision →Reopen
The facts changed: new, previously unavailable evidence, generally within 90 days. No deadline for changed country conditions in asylum cases.
90 Days Ask about reopening →The Process
Five steps. One more chance.
The calendar
Calendar every deadline the day the decision issues. 30 and 90 days run from that date, not from when you find a lawyer.
The record
Order the record and transcript; identify the legal errors or the new evidence.
The filing
File the notice (EOIR-26 to the BIA) or the motion with the court that decided the case, with filing fees or waiver requests.
The brief
Appellate work is brief-writing work, and the record built below usually decides it.
The outcome
Win: reversal, remand, or reopening. Lose at the BIA: evaluate the federal petition for review immediately (another 30-day clock).
Forms & Fees
Know the paperwork.
The Notice of Appeal to the BIA, generally due within 30 days of the decision. Filing fees or waiver requests apply
Another lawyer handled the case?
Send us the decision today anyway. Ineffective assistance of prior counsel can reopen a case under the strict Lozada requirements: notice to former counsel, a bar complaint, and a detailed account.
Check your case status
Deadlines and filing rules are unforgiving. These official tools are always current:
Your appeal.
Our fight.
Send us the decision today, even if another lawyer handled the case. The evaluation is free, and the clock is already running.
Attorney Advertising: general information, not legal advice. Send us the decision today, even if another lawyer handled the case: request a free case evaluation or call (469) 200-6508. ← Back to all visa guides
The Rules
Deadlines are the whole game.
- File so the Board receives the appeal by day 30; filing means receipt at the Board, not the postmark
- E-file through ECAS whenever possible; an electronic timestamp ends every argument about arrival
- Make the record in front of the judge; the Board generally refuses arguments raised for the first time on appeal
- State the reasons for appeal specifically on the EOIR-26 itself; vague notices risk summary dismissal
- Order the transcript and calendar the brief immediately; briefing windows are short and extensions are never guaranteed
- Mailing on day 28 and hoping; late appeals are dismissed without ever reaching the merits
- Filing without the fee or a waiver request attached; the notice is rejected and the clock keeps running
- Holding back evidence for the appeal; new facts belong in a motion to reopen, not an appellate brief
- Spending motions carelessly; generally one motion to reopen and one motion to reconsider are allowed, so each must count
- Leaving the United States mid-appeal without advice; under the rules, departure can be treated as withdrawing the case
Costs
What it costs in 2026.
For decades the fee to appeal was $110. The 2025 budget law multiplied it and tied it to inflation, so the numbers below, effective for filings postmarked on or after February 1, 2026, will keep moving. Two pressure valves survive: the court and the Board can still waive their fees for demonstrated inability to pay through Form EOIR-26A, and a motion to reopen an in-absentia order for lack of notice carries no fee at all. Build the fee, or the waiver request, into the deadline plan from day one, because a filing without one or the other is rejected.
| Item | Amount | Notes |
|---|---|---|
| BIA appeal (Form EOIR-26) | $1,030 | Was $110 for decades; raised by the 2025 budget law and now adjusted for inflation every year |
| Motion to reopen or reconsider, immigration court | $1,065 | Filed with the court that decided the case |
| Motion to reopen or reconsider, BIA | $1,030 | For cases the Board has already decided |
| Reopening an in-absentia order for lack of notice | No fee | The law exempts these motions entirely; timing rules still apply to other in-absentia grounds |
| Fee waiver request (Form EOIR-26A) | $0 to ask | Decided on demonstrated inability to pay; if denied, the full fee comes due fast, so file early |
| Federal petition for review | Set by the circuit court | Runs on its own 30-day clock; courts accept in forma pauperis requests from those who cannot pay |
Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. Fees apply per appeal or motion, not per family member in a properly consolidated case.
FAQ
Questions we hear every week.
How long does a BIA appeal take?
Anywhere from several months to a few years; detained appeals move fastest because the Board prioritizes them. Long silences are normal and are not a signal either way. What matters early is the transcript and the brief, because once briefing closes, the waiting is out of everyone’s hands.
Can I be deported while the appeal is pending?
A timely appeal of a removal order to the Board generally keeps removal on hold automatically until the Board rules. Motions to reopen and federal court petitions are different: they do not stop removal by themselves, and a separate stay must be requested and granted. Which situation you are in is the first thing to confirm, not the last.
Can I file the appeal myself just to protect the deadline?
Yes, and when the clock is nearly out, an on-time EOIR-26 beats a perfect one. But the form is a trap for the unwary: the reasons for appeal must be stated specifically, the briefing boxes must be answered correctly, and the fee or waiver request must be attached. If you have days rather than hours, let a lawyer file it right the first time.
The 30 days already passed. Is it over?
Not always. The motion deadlines may still be open, an order issued without proper notice can be attacked at any time, and a missed deadline can sometimes be excused when a prior representative’s failure caused it. These are exceptions with demanding proof, not a second lane. Send us the decision and the dates; the answer is usually clear within one review.
What are our real chances?
No honest lawyer quotes a percentage. Appeals are won on preserved legal issues and a record that supports them, which is why the same facts can be hopeless or strong depending on what happened below. A win also usually means a remand, another chance in front of a judge, rather than an instant status. We tell clients which kind of case they have before any work begins.
Do we need the lawyer who handled the trial?
No. Appellate work is record work, and a fresh set of eyes rereads the transcript without loyalty to the choices made below. What a new lawyer needs from you is simple: the written decision, the Notice to Appear, and the full file, as fast as you can gather them.