Updated Form EOIR-26

OMB# 1125-0002

U.S. Department of Justice
ExecutiveOffice for Immigration Review
Board of Immigration Appeals

Notice of Appeal from a Decision of an
Immigration Judge

GENERAL INSTRUCTIONS
(Please read carefully before completing and filing Form EOIR-26)
A. When to Appeal:
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Use this form (Form EOIR-26) only to appeal a decision by an Immigration Judge. If you wish to appeal a
decision of the U.S. Citizenship and Immigration Services (USCIS), you must use a different form (Form
EOIR-29).

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Do not use this form (Form EOIR-26) to appeal the following Immigration Judge determinations:
Reasonable fear

8 C.F.R. § 1208.31(g)(1)

Credible fear

8 C.F.R. § 1208.30(g)(2)(iv)(A)

Claimed status review

8 C.F.R. § 1235.3(b)(5)(iv)

The Board does not have the authority to review such determinations. For additional information regarding the Board’s
review authority, please see the Board of Immigration Appeals Practice Manual, which is available on the EOIR website at
www.justice.gov/eoir.

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You must send the Notice of Appeal so that it is received by the Board within thirty (30) calendar days
after the Immigration Judge’s oral decision, or within thirty (30) calendar days after the date the
Immigration Judge’s written decision was mailed (if no oral decision was rendered).

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Simply mailing your Notice of Appeal in thirty (30) days or less is not enough. Your Notice of Appeal must
arrive at the Board in thirty (30) days or less. If your Notice of Appeal arrives late, your appeal will be
dismissed.

B. Where to Appeal:
Mail or deliver in person
to this address:

Board of Immigration Appeals
Clerk’s Office
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041

C. How to Appeal:
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Read all of these instructions. Note: If you are the person in proceedings, you are the “Respondent” or Applicant.”
You are also the “Appellant” if you are filing an appeal of a decision by an Immigration Judge.

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Fill out all three pages of the Notice of Appeal completely, answering items # 1 - 12 in English only.

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List in item # 1 the name(s) and Alien Number(s) (“A” numbers) of all Respondents/Applicants who
are appealing the decision of the Immigration Judge.

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Sign item # 9.

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List the mailing address of the Respondent(s)/Applicant(s) in item # 10.

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Translate all documents that you attach to the Notice of Appeal into English. All translations must include the
translator’s statement stating that the translator is competent and that the translation is true and accurate.
Form EOIR-26
Revised Sept. 2020
Page 1

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Write your name(s) and “A” Number(s) on all documents attached to the Notice of Appeal.

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Complete and sign the “Proof of Service” to show you did this (item # 12). Note: If you are the
Respondent or Applicant, the “Opposing Party” is the Assistant Chief Counsel of the U.S. Immigration and
Customs Enforcement (ICE) of the Department of Homeland Security (DHS).

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Your appeal may be rejected or dismissed if you fail to properly complete the “Proof of Service” (item # 12).

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Mail or give a copy of the completed Notice of Appeal and any attached documents to the opposing party.

D. Paying for the Appeal:
Attach the EOIR fee payment receipt or a check or money order to the Notice of Appeal for exactly one hundred
and ten dollars (U.S. $110) made payable to “United States Department of Justice.” If paying using the EOIR
Payment Portal, you must provide proof of payment by printing and attaching the EOIR fee payment receipt to your
appeal. All checks or money orders must be drawn on a bank located in the United States and must be payable in
U.S. currency. If there are not sufficient funds in your account, or your electronic payment is declined, your
appeal may be dismissed.
• EOIR Payment Portal may be accessed at the following web address: https://ePay.eoir.justice.gov. On the
EOIR Payment Portal webpage, you will need to enter the A number associated with the Immigration Judge
decision you are appealing, and select the appeal type - this information will be printed on your receipt once
payment is complete. You will be redirected to the U.S. Treasury Pay.gov website to complete payment.
Upon completion of your transaction, you will be directed back to the EOIR Payment Portal webpage to print
your EOIR fee payment receipt. You must submit your EOIR fee payment receipt with your appeal form.
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Write the name(s) and “A” Number(s) of all Respondent(s)/Applicant(s) on the check or money order.

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Notice to Those Making Payment by Check. If you send us a check, the Board will convert it into an
electronic funds transfer (EFT). This means we will copy your check and use the account information on itto
electronically debit your account for the amount of the check. The debit from your account usuallyoccurs
within 24 hours of the deposit and your bank will show it on your regular account statement. Youwill not
receive your original check back. We will destroy your original check, but will keep a copy of it.If the Board
cannot process the EFT for technical reasons, you authorize us to process the copy in place ofyour original
check. If you check is returned as unpayable, the appeal will be dismissed as improperlyfiled. If you cannot
pay for the appeal, complete a Fee Waiver Request (Form EOIR-26A) and attach it to theNotice of Appeal. The
Board will review your request and decide whether to allow the appeal without paymentof the fee.

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File Typeapplication/pdfAuthorBaptista, Christina (EOIR)File Modified2020-10-01File Created2019-09-26