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. This is the whole playbook for bia appeals, in plain English.
Days, generally, to file the Notice of Appeal (Form EOIR-26). Miss it and the right is gone.
Days, generally, for a motion to reopen on new, previously unavailable evidence.
More days after the BIA: the federal petition for review runs on its own 30-day clock.
Five doors stay open after a loss, and each runs on its own clock. Knowing the bia appeal process means knowing which door fits your facts and how many days it leaves you. Most bia immigration appeals live or die on that first calendar entry.
Notice of Appeal (Form EOIR-26), generally due within 30 days of the decision. Miss it and the right is gone.
generally within 90 days, for new, previously unavailable evidence. No deadline for changed country conditions in asylum cases.
within 30 days, for legal or factual error.
reopening under the strict Lozada requirements: notice to former counsel, bar complaint, detailed account.
petition for review within 30 days of the Board of Immigration Appeals decision.
The two main doors look similar but run on different clocks and different arguments.
the judge got it wrong: legal errors, argued to the Board of Immigration Appeals on the record built below. Generally 30 days from the decision, filed on Form EOIR-26.
Form I-485
new facts, not old errors, brought through a motion to reopen when evidence was previously unavailable or country conditions have changed.
Form I-485
Every step of the bia appeal process runs the same way.
Calendar every deadline the day the decision issues. 30 and 90 days run from that date, not from when you find a lawyer.
Order the record and transcript; identify the legal errors or the new evidence.
File the notice (EOIR-26 to the BIA) or the motion with the court that decided the case, with filing fees or waiver requests.
Appellate work is brief-writing work, and the record built below usually decides it.
Win: reversal, remand, or reopening. Lose at the BIA: evaluate the federal petition for review immediately (another 30-day clock).
the Notice of Appeal to the BIA, generally due within 30 days of the decision. Filing fees or waiver requests apply.
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.
The rules split cleanly into what protects an appeal and what quietly forfeits it. If your bia appeal status turns on a date, these are the dates that decide it.
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 | Fee | 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.
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. Ask about your bia appeal processing time at the office handling the case, since it shifts.
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.
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.
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.
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 bia appeal dismissed on a missed date or a defective notice never reaches the merits at all, which is exactly the part we control. 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.
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.
Send us the decision today, even if another lawyer handled the case. The evaluation is free, and the clock is already running.
