This page is general information, not legal advice. For advice on your decision and deadline, consult a licensed immigration attorney or an accredited representative.
Quick summary: EOIR says Form EOIR-26 must reach the Board of Immigration Appeals within 30 calendar days after an oral decision is rendered or a written decision is mailed. To reserve your right to appeal, tell the judge you wish to appeal, then file a completed notice identifying the grounds, the required fee receipt or fee-waiver request, and the Certificate of Service.
For Guatemalan respondents, this guide follows EOIR’s general appeal instructions. It does not introduce a nationality-specific filing route. The separate immigration court fee guide covers payment amounts.
Identify the decision and preserve the appeal
EOIR says the BIA can review certain immigration judge decisions, including removability, eligibility for relief and bond. It cannot review decisions in credible or reasonable fear reviews or claimed status review proceedings.
EOIR instructs you to tell the immigration judge that you wish to appeal and properly complete and file Form EOIR-26. Its appeal guidance says the judge’s decision becomes final if you waive appeal or fail to file within the stated period. Bring the decision to your representative; this page does not calculate an individual deadline or assess a late filing.
Build the notice around the actual decision
The BIA Practice Manual identifies these filing checks:
| Part of the filing | What to include or check | Why it needs separate attention |
|---|---|---|
| Decision | Decision date and type of proceeding; include a copy of the order | Unrelated decisions must be appealed separately |
| People included | A-number for each person in the appeal | A separate notice is required for each person unless the judge consolidated proceedings |
| Grounds | Concise statement identifying the grounds for the appeal | If the filing does not adequately identify the basis for the appeal, it may be summarily dismissed |
| Extra sheets | Attach them and label them with each included person’s name and A-number | The explanation is not limited to the space on the form |
| Brief | Indicate whether a supporting brief will be filed | Promising a brief and failing to file it can lead to summary dismissal |
| Payment | Appropriate fee receipt or completed Form EOIR-26A | The manual requires this with the appeal |
The manual also requires Form EOIR-27 for representation by a practitioner of record, or Form EOIR-60 when a practitioner provides limited document assistance, as applicable. Form EOIR-26 is not the form for a motion before the Board or a challenge to the Board’s own decision.
Complete service as well as filing
Filing the appeal with the Board and serving the opposing party are separate checks. For a respondent, the opposing party is DHS, not the judge or the Board.
Under the BIA service rules, when all parties use ECAS, ECAS serves electronically filed documents automatically. A Certificate of Service is still required and must record that ECAS completed service. If a party is not using ECAS, separate service is required: provide the opposing party or its representative a copy and include written proof.
For separate service, the proof identifies the party served, complete address, actual service date, method, documents served and person serving them. That person signs it. Follow the current form and manual for your filing method.
Send the appeal to the correct place
The manual says an immigration judge appeal must be filed with the Board. Sending it to DHS or the immigration court is not proper filing with the Board. Use the filing instructions linked from EOIR’s appeal page.
For related tasks, use checking an immigration court case and finding accredited immigration help. Those guides do not replace the appeal notice.
Sources
- EOIR: Appeal an Immigration Judge’s Decision; read 31 October 2026.
- BIA Practice Manual: Filing an Appeal; read 31 October 2026.
- BIA Practice Manual: Service; read 31 October 2026.
Frequently Asked Questions
When must the BIA receive Form EOIR-26?
EOIR says the BIA must receive it no later than 30 calendar days after the judge renders an oral decision or mails a written decision.
Can I file the appeal at the immigration court?
No. The BIA Practice Manual says an appeal of an immigration judge decision must be filed with the Board, not DHS or the immigration court.
Can I just say the judge was wrong?
The Practice Manual warns that vague generalities, generic recitations of the law and general assertions of judge error are unlikely to apprise the Board of the reasons for appeal. If the notice and the documents filed with it do not adequately identify the basis for the appeal, it may be summarily dismissed.
Do I need a Certificate of Service for an ECAS filing?
Yes. When all parties participate in ECAS, separate service of electronically filed documents is unnecessary, but the certificate must state that service was completed through ECAS.
