Board of Immigration Appeals
Most Immigration Judge decisions can be appealed to the Board of Immigration Appeals (BIA) at the Department of Justice. This page will walk you through how to represent clients in their appeals to the BIA.
Required Step
EOIR E-registry
E-registry is an important first step for all cases. To practice before the immigration court or BIA, attorneys and fully accredited representatives must register through the Executive Office for Immigration Review’s (EOIR) eRegistry portal. After submitting the required information online, attorneys and representatives must complete the identity validation process within 90 days.BIA Appeals: Getting Started
BIA Practice Manual
The agency's Practice Manual contains the substantive and procedural requirements for practicing before the Board of Immigration Appeals.
Overview of BIA Appeals
A concise practice guide to the what, when, where, and how of filing appeals of removal cases to the Board of Immigration Appeals.
Practicing Before the Board of Immigration Appeals
An expert practitioner offers tips and strategies for BIA practice, including a detailed discussion of the timeline and process for BIA appeals, tips on briefing, and a look at the different standards of review for BIA appeals.
Filing the Notice of Appeal
Annotated Sample Notice of Appeal to the BIA
The first step in appealing an immigration judge's decision to the Board of Immigration Appeals is the filing of an EOIR-26 Notice of Appeal with the BIA within 30 days of the immigration judge's decision. This annotated sample, along with the annotated supplement that follows on this page, will guide you through how to fill out an EOIR-26.
Sample Supplement to Notice of Appeal
A sample supplement to the sample EOIR-26 above, laying out the legal issues for appeal.
Motions
Sample Motion for Extension of Time
A template motion for an extension of time in which to submit one's brief.
Drafting the Brief
Practice Guidance
American Immigration Council Practice Advisory on Standards of Review Before the BIA
A practice advisory on the standards of review which the Board of Immigration Appeals employs in its review of Immigration Judge decisions.
Sample Briefs
Sample BIA Brief, Asylum (credibility, corroboration)
A sample brief to the Board of Immigration Appeals on a denial of asylum.
Sample BIA Brief, Asylum (direct appeal and remand, pro se respondent)
A sample brief to the Board of Immigration Appeals of a denial of asylum seeking a remand for consideration of new, previously unavailable evidence.
Sample BIA Brief, Asylum (due process, remand, administrative notice)
A sample brief to the Board of Immigration Appeals of a denial of asylum seeking remand to cure due process violations
Sample BIA Brief, Asylum (nexus, past persecution, CAT)
A sample brief to the Board of Immigration Appeals of a denial of asylum and protection under the United Nations Convention Against Torture.
Sample BIA Brief, Asylum and Withholding of Removal (nexus, internal relocation)
A sample brief to the Board of Immigration Appeals of a denial of asylum and protection under the United Nations Convention Against Torture.
Sample Brief, Asylum, Withholding of Removal and CAT (particularly serious crime)
A brief to the Board of Immigration Appeals on a denial of asylum, withholding of removal and protection under the United Nations Convention Against Torture addressing whether the applicant's criminal conviction constitutes a particularly serious crime.
Sample BIA Brief, Interlocutory Appeal (venue)
A sample brief to the Board of Immigration Appeals on an interlocutory appeal of a denial of a motion for a change of venue.
Sample BIA Brief, Non-LPR Cancellation of Removal
A sample brief to the Board of Immigration Appeals on a denial of an application for cancellation of removal for non-permanent residents.
Sample BIA Brief, Withholding of Removal (DHS appeal)
A sample brief to the Board of Immigration Appeals of the Department of Homeland Security's appeal of a grant of withholding of removal.