Appeals
BIA Appeals in 2026: Deadlines, Fees & How the Process Works
What Is the Board of Immigration Appeals?
The Board of Immigration Appeals (BIA) reviews decisions made by immigration judges, including Hartford Immigration Court. To appeal, you must file a Notice of Appeal (Form EOIR-26) within 30 calendar days of the judge's decision, generally pay a $1,030 filing fee (custody and bond appeals are free), and then submit a written brief — most BIA appeals are decided on the papers, without oral argument.
Quick Reference
- Deadline: 30 calendar days from the IJ's decision — jurisdictional, no extensions
- Form: EOIR-26, Notice of Appeal from a Decision of an Immigration Judge
- Fee: $1,030 for filings on or after February 1, 2026 (custody/bond appeals: no fee)
- Fee waiver: Form EOIR-26A, closely scrutinized by the BIA
- Further review: Petition for Review to the U.S. Court of Appeals (Second Circuit for Connecticut cases), $600 docketing fee
Losing at Hartford Immigration Court is not necessarily the end of a case. The appeal deadline, however, is unforgiving — the BIA generally has no authority to accept a late Notice of Appeal. If you or a family member received an adverse decision, contact an attorney immediately. See our BIA appeals practice page or contact our office.
Filing the Notice of Appeal: The 30-Day Deadline
To begin a BIA appeal, you must file Form EOIR-26 within 30 calendar days of the immigration judge's oral decision, or of the date a written decision is served if the decision was not delivered orally. This deadline runs from the decision itself, not from when you receive a copy of it, and it includes weekends and holidays (though if the 30th day falls on a weekend or federal holiday, the deadline extends to the next business day).
This deadline is jurisdictional. Unlike many court deadlines, the BIA generally has no authority to accept a late-filed Notice of Appeal, even for good cause. Missing the 30-day window typically forecloses the appeal entirely, leaving only narrower and more difficult options such as a motion to reopen. If you have just received an adverse decision, do not wait — contact an attorney the same week.
The Notice of Appeal itself is a relatively short form, but it requires you to identify the specific factual and legal errors you intend to challenge. A well-drafted Notice of Appeal preserves issues for the later brief; a vague or generic one can limit what arguments the BIA will consider.
BIA Filing Fees and Fee Waivers
For Notices of Appeal filed on or after February 1, 2026, the BIA filing fee is $1,030. This reflects a base EOIR fee combined with an additional fee amount added under 2025 reconciliation legislation, adjusted annually for inflation. Custody and bond appeals carry no filing fee, regardless of the underlying case type.
Related EOIR Fees to Know
- Motion to reopen/reconsider before an Immigration Judge: $1,065
- Motion to reopen/reconsider before the BIA: $1,030
- Exceptions: No fee for motions to reopen an in absentia removal order based on lack of proper notice, and no fee for joint motions filed together with DHS/ICE
- Petition for Review (federal circuit court): $600 docketing fee (Second Circuit, for Connecticut cases)
If you cannot afford the filing fee, you may request a waiver using Form EOIR-26A, filed together with the Notice of Appeal. The form requires a sworn declaration of monthly income and expenses demonstrating economic hardship. The BIA scrutinizes fee waiver requests closely, and an incomplete or unsupported request can be denied, so accuracy and documentation matter. For motions to reopen or reconsider, see our motions to reopen page.
Received an Adverse Decision at Hartford Immigration Court?
Attorney M. Riaz Musani handles BIA appeals with strict attention to the 30-day filing deadline. Call (860) 938-1850 or schedule a consultation.
The Briefing Schedule
After the Notice of Appeal is filed and the immigration court transmits the record of proceedings to the BIA, the Board issues a briefing schedule setting deadlines for the appellant's opening brief and the government's response.
- Record transmission. The immigration court compiles and forwards the record of proceedings to the BIA — this step alone can take time depending on the court's backlog.
- Opening brief. The appellant generally has a set window (commonly around 21 days) from the briefing notice to file an opening brief addressing the specific errors identified in the Notice of Appeal.
- Government response. DHS then has a comparable window to file a response brief defending the immigration judge's decision.
- Reply brief. The appellant may be permitted a shorter reply window, depending on the case.
Extensions are available by motion, and a first extension request is often granted, but they are not automatic. Because most appeals are decided on the papers, the brief is frequently the single most important document in the entire appeal — it should be treated with the same care as a trial-level filing, not as a formality.
Paper Review, Panels, and Oral Argument
Paper Review Is the Norm
The overwhelming majority of BIA appeals are decided entirely on the written record and briefs. Oral argument before the BIA is rare and generally reserved for cases the Board itself identifies as warranting it — appellants typically cannot simply request it as of right.
Single-Member vs. Three-Member Panels
Most appeals are assigned to a single Board Member for streamlined review. A case is referred to a three-member panel only in narrower circumstances — such as the need to resolve inconsistent rulings among immigration judges, apply a new or unsettled area of law, or address a case of particular complexity or significance.
Because so much rides on the written submissions, effective advocacy at the BIA looks different from trial-level advocacy — it is legal writing and record-based argument, not live witness examination. This is one reason appellate immigration practice is often handled separately from trial-level representation.
Stays of Removal While an Appeal Is Pending
Filing a timely Notice of Appeal generally triggers an automatic stay of removal under the applicable EOIR regulations — meaning ICE generally cannot execute a removal order while the BIA appeal remains pending. There are exceptions, including certain criminal-alien categories that may not receive an automatic stay, so it is important to confirm your specific situation with an attorney rather than assume protection applies.
Important distinction: The automatic stay applies to a timely BIA appeal. It does not automatically carry over if you later file a Petition for Review with a federal circuit court after losing at the BIA — a separate emergency motion for a stay must be filed with the court of appeals, and it is not automatically granted.
What Happens After the BIA Decides
Appeal Sustained
The BIA agrees the immigration judge erred. Depending on the issue, the Board may reverse outright and grant relief, or — more commonly — remand the case back to the immigration judge for further proceedings consistent with its opinion.
Appeal Dismissed
The BIA affirms the immigration judge's decision. The removal order becomes final, subject to any further appeal. Time to act on next steps is limited, so an attorney should be consulted immediately if further review is being considered.
Remand
The case returns to the immigration judge — sometimes to apply a corrected legal standard, sometimes to take additional evidence or testimony on a specific issue the BIA identifies.
If the BIA dismisses the appeal, the next avenue is generally a Petition for Review filed with the appropriate U.S. Court of Appeals — for cases arising from Connecticut, that is the Second Circuit, which carries a $600 docketing fee. Petition for Review deadlines are also strict and generally run from the date of the BIA's final order, so timing is critical. This is a different, more limited form of review than the BIA appeal itself — federal circuit courts generally review legal error, not factual disputes, and cannot reweigh evidence the way the BIA can.
Realistic processing times for BIA appeals vary considerably by case type and current Board caseload — cases can take anywhere from several months to well over a year to reach a decision. An attorney can give a more informed estimate based on current trends, but no firm can guarantee a specific timeline. For related trial-level representation, see our deportation defense page, or explore our full immigration appeals practice.
Frequently Asked Questions
How long do I have to appeal an immigration judge's decision?
You generally have 30 calendar days from the immigration judge's decision to file a Notice of Appeal (Form EOIR-26) with the BIA. This deadline is jurisdictional — the Board generally cannot accept a late filing, so acting immediately after receiving an adverse decision is essential.
How much does it cost to file a BIA appeal?
For filings on or after February 1, 2026, the BIA filing fee is $1,030. Custody and bond appeals do not require a fee. If you cannot afford the fee, you may request a waiver using Form EOIR-26A, which the Board reviews closely for supporting documentation of financial hardship.
Will I get to argue my case in person before the BIA?
Almost certainly not. The vast majority of BIA appeals are decided entirely on the written briefs and the record from the immigration court, without oral argument. This makes the quality of the written brief especially important.
Can ICE remove me while my BIA appeal is pending?
Generally, no. A timely-filed Notice of Appeal typically triggers an automatic stay of removal while the appeal is pending. There are exceptions for certain criminal-alien categories, so it is important to confirm your specific situation with an attorney.
What is the difference between a BIA appeal and a motion to reopen?
A BIA appeal challenges the immigration judge's decision directly and must be filed within 30 days using the existing record. A motion to reopen or reconsider is a separate, later filing that asks the BIA or the immigration court to revisit a final decision — often based on new evidence or changed circumstances — and carries its own deadlines and fees. See our motions to reopen page for details.
What happens if the BIA dismisses my appeal?
If the BIA dismisses the appeal, the removal order generally becomes final. Further review is possible through a Petition for Review filed with the appropriate U.S. Court of Appeals — the Second Circuit for cases arising in Connecticut — which carries a $600 docketing fee and its own strict filing deadline.
How long does a BIA appeal typically take?
Timelines vary significantly based on case type and the Board's current caseload — realistically anywhere from several months to well over a year. There is no guaranteed processing time, and an attorney can only give an estimate based on current trends, not a promise.
Facing a BIA Appeal Deadline?
Attorney M. Riaz Musani represents clients in BIA appeals and motions before the Board. Call (860) 938-1850 or schedule a consultation.
Legal Disclaimer
This article provides general legal information about the BIA appeal process. It is not legal advice and does not create an attorney-client relationship. Filing deadlines, fees, and procedures are subject to change; always confirm current requirements at justice.gov/eoir and consult a licensed immigration attorney promptly after receiving an adverse decision.