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.
BIA Appeals: Getting Started
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
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.
Drafting the Brief
A practice advisory on the standards of review which the Board of Immigration Appeals employs in its review of Immigration Judge decisions.
A sample brief to the Board of Immigration Appeals of a denial of asylum seeking a remand for consideration of new, previously unavailable evidence.
A sample brief to the Board of Immigration Appeals of a denial of asylum and protection under the United Nations Convention Against Torture.
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.