How Long Does a BIA Appeal Take? Timing & Status (2026)

How Long Does a BIA Appeal Take?

EOIR does not publish an average time for appeals to the Board of Immigration Appeals (BIA), so no one can give you an exact wait. The timing depends on the transcript, the briefing schedule (20 days, due at the same time from both sides), the Board's workload, and whether one member or a panel decides. You can check your case status through EOIR's online system or its hotline at 1-800-898-7180. The rest of this page explains each step. For the full appeal process, see our BIA appeal process guide.

The Steps That Set the Timing of a BIA Appeal

A BIA appeal is not one wait. It is several steps, and each has its own clock. For a full walk-through of the process, read our BIA appeal process guide. This article looks only at timing and status.

1. Notice of Appeal (Form EOIR-26). It must be filed within 30 calendar days of the immigration judge's decision. This deadline is set by you and your lawyer, not by the Board. The fee and payment steps are in our BIA appeal fee and fee waiver guide.
2. The record and the transcript. The immigration court sends the record to the BIA. If the hearing must be typed up, the Board orders a transcript. This step is outside your control, and it can take time.
3. The briefing schedule. The Board sends a notice that sets a due date for briefs. This is the step with firm deadlines.
4. Review by the Board. After briefing is complete, a Board member or a panel reviews the record and writes a decision.
5. Service of the decision. The Board sends its written decision to the parties.

Steps 1, 3 and 5 are clear. Steps 2 and 4 are where waits happen, and they depend on the Board's workload and the size of the record.

The Transcript and the Briefing Schedule

Under 8 C.F.R. § 1003.3(c)(1), the Board sets a briefing schedule after an appeal from an immigration judge's decision. Briefs are due at the same time from both sides, within 20 days of the Board's order setting the schedule. If the case needs a transcript, the 20 days run from the date the Board makes the transcript available. If there is no transcript, briefs are due no more than 35 days after the appeal was filed. The Board does not accept reply briefs unless it invites or orders one.

The EOIR Policy Manual chapter on briefing says the 20-day schedule applies to appeals of immigration judge decisions issued on or after March 9, 2026. Before that date, briefing periods were 21 days, and in non-detained cases the two sides usually filed one after the other. Because older articles may still show those rules, check the date of your judge's decision.

Extensions are limited

The regulation says the Board does not grant extensions of the briefing schedule except in exceptional circumstances, as defined in section 240(e)(1) of the Immigration and Nationality Act. EOIR's policy says extension requests are not favored and are not granted automatically, and that workload or travel plans do not count as exceptional circumstances. A request does not stop the clock. The original due date stays in place until the Board says otherwise. Plan to file on time rather than to count on more days.

Single Member or Three-Member Panel

Under 8 C.F.R. § 1003.1(e), most appeals are decided by a single Board member. A case may go to a three-member panel only for stated reasons, such as the need to settle inconsistent rulings, to set a precedent, to resolve a complex or novel issue, or to review a decision that is clearly wrong on the facts or does not follow the law. A single member may also affirm a decision without an opinion when the issues are squarely controlled by existing precedent.

The regulation also sets a time limit. It says the Board shall decide cases assigned to a single member within 90 days of the completion of the record, and cases assigned to a three-member panel within 180 days. The record is complete on the earlier of the filing of the last brief or the end of the briefing period. This is a regulatory target. It does not cover the time before the record is complete, and we cannot tell you how long any one case will take.

Detained Cases

The BIA regulation itself says the Board should decide cases as soon as practicable, "with a priority for cases or custody appeals involving detained aliens" (8 C.F.R. § 1003.1(e)(8)). EOIR's current case-priorities memorandum, Policy Memorandum 25-47, effective September 12, 2025, says EOIR has prioritized all cases involving individuals in detention or custody. In practice, a bond appeal or a removal appeal for a detained person may move faster than one for a person who is not detained. EOIR does not publish a guaranteed time for these appeals either.

Briefing for a detained person follows the same 20-day schedule for decisions issued on or after March 9, 2026. If you or a family member is in ICE custody in Connecticut, see our guide to a detained family member and speak with an attorney right away. A separate habeas petition in federal court is sometimes considered in detention cases, and it follows its own timeline.

Why We Do Not Quote an Average Wait

Many websites state an "average BIA appeal time." We do not, because EOIR does not publish one that we can cite. EOIR's Workload and Adjudication Statistics page (updated October 20, 2026) lists one BIA file and no BIA processing-time file. The only median case-completion-time file on that page is for unaccompanied children cases in immigration court.

The BIA file it does list is "All Appeals Filed, Completed, and Pending", with data generated October 22, 2026. It gives counts, not times. For fiscal year 2026 it shows:

These numbers show that the Board's pending caseload has grown. They are counts of all appeals the Board tracks, not a wait time for your case, and they do not tell you how long an appeal filed today will take. Anyone who gives you an exact number of months is guessing. The best sources are your own briefing notice and the EOIR statistics page, which EOIR updates.

How to Check the Status of Your BIA Appeal

You have three main ways to check your case. Have your A-Number (Alien Registration Number) ready.

• EOIR's online Automated Case Information system. EOIR lists it at portal.eoir.justice.gov/InfoSystem. Enter your A-Number to see the case information EOIR makes available.
• The automated hotline. Call 1-800-898-7180. EOIR lists this number on its contact page.
• ECAS, for represented parties. Attorneys and accredited representatives file and receive documents through the EOIR Courts and Appeals System (ECAS) in cases that are eligible. A person with no lawyer may use the Respondent Access Portal if registered.

These systems may not show every detail of every case. Treat them as a guide. The notices the BIA mails or sends through ECAS are the official source, and a missing system update does not extend any deadline. If you move, tell the BIA your new address in writing so you do not miss a notice.

Is There a Stay of Removal During the Appeal?

In most cases, yes. Under 8 C.F.R. § 1003.6, a decision of an immigration judge is not executed during the time allowed to file an appeal, unless the right to appeal is waived. If you file a timely appeal, the decision is also not executed while the appeal is pending. This is often called an automatic stay.

There are exceptions. The automatic stay does not apply to certain judge orders that deny motions to reopen or reconsider, or motions to stay deportation. For those orders, the Board may stay removal in its discretion. Custody appeals have separate rules in the same regulation.

A stay of removal is not the same as release from detention. An automatic stay stops the removal order from being carried out. It does not by itself end detention. Ask your attorney how the rules apply to your order.

What You Receive When the BIA Decides

The Board's decision is in writing. Under 8 C.F.R. § 1003.1(f), the Board sends a copy to DHS and serves a copy on the person or the person's representative. The decision may:

• Dismiss the appeal, which leaves the judge's decision in place.
• Sustain the appeal, which can reverse or change the judge's decision.
• Remand the case, which sends it back to the immigration judge for more steps, such as new hearings or a fresh look at the facts.

A short decision from a single member may be an order that affirms the judge, or it may explain in more detail. Read the date of the decision carefully, because the next deadlines start there.

What Happens After the BIA Decision

The next step depends on what the Board decided.

• Remand. The case returns to the immigration judge. The Board's remand order tells the judge what to address.
• Petition for review. If the Board dismisses your appeal and you want a federal court to review it, you file a petition for review with the U.S. Court of Appeals. For Connecticut cases, that is the Second Circuit. The deadline is 30 days from the final order under INA § 242(b)(1). The court's docketing fee is $600, per the federal court of appeals fee schedule. A petition for review does not by itself stop removal. A court order is needed for that.
• Motion to reopen or reconsider. You may ask the Board to reopen the case for new evidence, or to reconsider it for an error of fact or law. These motions have strict deadlines and limits under 8 C.F.R. § 1003.2. The BIA fee for a motion is $1,060 for filings on or after October 1, 2026. See our motions to reopen page.
• No further action. If the order is final and no stay is in place, the removal order may be carried out.

Because these deadlines are short and some cannot be extended, speak with an attorney as soon as you receive a decision. See our BIA appeals page for how the firm can help.

Frequently Asked Questions

Sources

• 8 C.F.R. § 1003.3, Notice of appeal and briefs
• 8 C.F.R. § 1003.1(e), (f), Board of Immigration Appeals
• 8 C.F.R. § 1003.6, Stays
• 8 C.F.R. § 1003.2, Reopening or reconsideration
• EOIR Policy Manual, BIA briefing deadlines
• EOIR Workload and Adjudication Statistics (page updated Oct. 20, 2026)
• EOIR, All Appeals Filed, Completed, and Pending (data generated Oct. 22, 2026)
• EOIR Policy Memorandum 25-47, Case Priorities
• EOIR contact page, Automated Case Information
• EOIR Courts and Appeals System (ECAS)
• 8 U.S.C. § 1252(b), petition for review
• Federal courts of appeals miscellaneous fee schedule
• EOIR fee page

Last reviewed: November 2026.