6.2 - Process

(a) Who May Appeal

An Immigration Judge’s decision may be appealed by the alien subject to the proceeding, the alien’s practitioner of record, or the Department of Homeland Security.  See 8 C.F.R. § 1003.3. 

(b) How to Appeal

To appeal an Immigration Judge’s decision, a party must file a properly completed and executed Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals.  The Form EOIR-26 must be received by the Board no later than 30 calendar days after the Immigration Judge renders an oral decision or mails or sends electronic notification of a written decision.  See 8 C.F.R. § 1003.38.  Parties must comply with all instructions on the Form EOIR-26.

Appeals are subject to strict requirements.  For detailed information on these requirements, parties should consult Part III of this manual.