Form EOIR-26. Notice of Appeal from a Decision of an Immigration Judge

Form EOIR-26. Notice of Appeal from a Decision of an Immigration Judge

Form EOIR-26 provides crucial guidance to individuals seeking to appeal a decision made by an Immigration Judge within the U.S. immigration process. The following instructions offer a comprehensive overview of the appeal process:

A. When to Appeal:

  • Use Form EOIR-26 solely to appeal a decision issued by an Immigration Judge. For appeals related to U.S. Citizenship and Immigration Services (USCIS) decisions, a different form (Form EOIR-29) must be used.
  • Note that specific determinations, such as reasonable fear, credible fear, and claimed status review, are beyond the Board's review authority. Details regarding the Board's review scope can be found in the Board of Immigration Appeals Practice Manual.

B. Where to Appeal:

  • Appeals should be sent to the Clerk’s Office of the Board of Immigration Appeals at the specified address.
  • Certain parties, including DHS, attorneys, and accredited representatives, are required to electronically file their appeals through the EOIR Electronic Case Access System (ECAS).

C. How to Appeal:

  • Complete all three pages of the Notice of Appeal (Form EOIR-26) thoroughly, answering items #1 - 12 in English.
  • List the names and Alien Numbers (A numbers) of all appellants who are appealing the Immigration Judge's decision.
  • Sign item #9 and provide the mailing address of the appellants in item #10.
  • Attach English translations to all non-English documents, including the translator's statement of competence and accuracy.
  • Include your name(s) and A Number(s) on all attached documents.
  • Complete and sign the "Proof of Service" (item #12), serving a copy of the completed Notice of Appeal and attachments to the opposing party as required.

D. Paying for the Appeal:

  • Attach the EOIR fee payment receipt or a check/money order for $110, payable to the "United States Department of Justice."
  • If using the EOIR Payment Portal, provide proof of payment by attaching the EOIR fee payment receipt.
  • Checks or money orders must be in U.S. currency and drawn from a U.S. bank. Ensure there are sufficient funds to avoid dismissal.

E. Address and Contact Update:

  • If you move after submitting the Notice of Appeal, inform the Board within five working days using Form EOIR-33/BIA for address changes.
  • Attorneys or representatives must also notify the Board of address or phone number changes using Form EOIR-27.

F. Providing Specific Reasons for Appeal:

  • Clearly explain why you disagree with the Immigration Judge's decision, specifying facts, legal grounds, or both.
  • If you believe your appeal should be reviewed by a three-member panel, provide the factual or legal basis for this contention.

G. Additional Briefs and Oral Argument:

  • Indicate whether you intend to file an additional written brief or statement later. Provide detailed reasons for your appeal in any case.
  • Requests for oral argument are considered; specify in item #6 why your case warrants review by a three-member panel.

H. Further Information and Assistance:

  • Additional guidance is available in the Board of Immigration Appeals Practice Manual, accessible on the EOIR website.

I. Paperwork Reduction Act and Data Sharing:

  • The form's information collection complies with the Paperwork Reduction Act.
  • The provided information may be shared in line with approved routine uses outlined in EOIR systems of records notice.

Form EOIR-26 offers essential guidance for individuals navigating the appeals process for Immigration Judge decisions. Accurate completion and adherence to instructions are vital for a successful appeal.