When an immigration judge denies asylum, the process does not end there: the applicant has the right to challenge that decision before the Board of Immigration Appeals (BIA), the highest administrative court within the U.S. immigration system, which is under the Department of Justice.
This guide explains, with verified information from official EOIR sources, how to file an appeal with the BIA, the associated costs, and what happens to the deportation order while the case is pending.
The deadline: 30 days, no exceptions
The general deadline to appeal is 30 calendar days starting from the judge's oral decision or from the notification of the written decision.
This deadline is strict: the BIA must receive the form within this period; it is not enough to merely send it by mail before the deadline.
An attempt by the Department of Justice to reduce it to 10 days, through a provisional rule in February 2026, was overturned by a federal court on March 8 of that year.
The policy memorandum PM 26-02 confirmed that the current deadline remains at 30 days.
The form and the fee
The instrument for appealing is the EOIR-26 form. According to the official EOIR fee page, updated on October 5, 2026, the current fee is $1,060.
As of February 23, 2026, the EOIR will no longer accept checks or money orders: all payments must be made exclusively electronically through the EOIR Payment Portal.
Those who cannot afford this amount may request a waiver by simultaneously submitting the EOIR-26A form (Fee Waiver Application), along with documentation of income and expenses under penalty of perjury.
If the BIA denies the exemption, there are 15 days to resubmit with payment or a new application.
What happens with deportation while appealing?
A timely and properly filed appeal with the BIA automatically suspends the execution of the deportation order while the case is pending.
However, there are procedural exceptions, so specialists recommend verifying the type of order and also requesting a formal suspension if there is a risk of immediate enforcement.
The process: writings, not hearings
After receiving the EOIR-26, the BIA issues a schedule for submissions. For decisions made by the judge starting March 9, 2026, both parties have 20 calendar days to submit their arguments simultaneously.
For decisions made prior to that date, the deadline was 21 days in separate shifts.
The BIA reviews the case solely in writing, without holding a new hearing, and can either affirm the denial, overturn it, or remand the file back to the judge.
According to estimates from specialized lawyers, the processing can take between two and three years in a system that closed the fiscal year 2026 with 325,774 pending appeals, a 61% increase compared to the previous year.
If the BIA also denies: the federal step
If the Board confirms the denial, the next recourse is a petition for review before the federal Court of Appeals for the appropriate circuit, under 8 U.S.C. § 1252. This petition must be filed within 30 days from the final order of removal.
Free resources and case consultation
Those who cannot afford a lawyer can consult the List of Pro Bono Legal Service Providers from the EOIR, featuring nonprofit organizations and attorneys who offer at least 50 hours of free services annually.
The status of the case can be verified through the EOIR automated system or by calling 1-800-898-7180.
An additional warning for those evaluating their options: a recent precedent from the BIA establishes that accepting voluntary departure and failing to comply within the timeframe blocks the possibility of applying for residency or other immigration benefits for 10 years, even if a motion to reopen is subsequently filed.
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