American Immigration Lawyers - Khan Law PLLC
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The clock is running.

BIA Appeals &

Motions to Reopen

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.

Free Case Review How It works

30

Days, generally, to file the Notice of Appeal (Form EOIR-26). Miss it and the right is gone.

90

Days, generally, for a motion to reopen on new, previously unavailable evidence.

+30

More days after the BIA: the federal petition for review runs on its own 30-day clock.

After a Loss

Not the last word.

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.

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 Board of Immigration Appeals decision.

Two Paths

Wrong on the law. Or new facts.

The two main doors look similar but run on different clocks and different arguments.

The BIA appeal

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

Read the AOS guide

Reopen

new facts, not old errors, brought through a motion to reopen when evidence was previously unavailable or country conditions have changed.

Form I-485

Read the AOS guide

The Process

Five steps. One more chance.

Every step of the bia appeal process runs the same way.

01

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.

02

the record

Order the record and transcript; identify the legal errors or the new evidence.

03

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.

04

the brief

Appellate work is brief-writing work, and the record built below usually decides it.

05

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.

EOIR-26

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.

The Rules

Deadlines are the whole game.

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.

  • 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 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.

FAQ

Questions we hear every week.

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.

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.

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