KNUTSON LAW, PLLC
ИММИГРАЦИОННЫЕ УСЛУГИ -
ПО ВСЕЙ СТРАНЕ
Убежище - Защита от депортации - Бонды -Воссоединение семьи - U-Visa - VAWA - Апелляции - Хабеас Корпус
✓ A timely appeal automatically stops your removal. Under 8 C.F.R. § 1003.6(a), filing a Notice of Appeal within the deadline stays the removal order while the appeal is pending. You cannot be deported on that order while the Board has the case. Nothing else you can do after a denial gives you that protection.
⚠ 30 days means the Board must have the appeal in its hands. The Board has no authority to extend the deadline — not for a day, not for any reason. Once it passes, the order is final.
The 30 Days: What the Deadline Actually Means
Помогаем в любых иммиграционных делах по всей территории США. Представляем интересы клиентов в иммиграционном суде, при подаче заявлений и апелляций.
В сложной ситуации важно действовать быстро и профессионально
People sometimes treat the deadline as a formality to sort out once they have decided whether appealing is worth it. The order of those two things is backward, and here is why.
The stay of removal exists only if the appeal is timely
This is the whole point. File within 30 days, and removal is stayed by regulation while the Board has the case. File on day 31 and there is no stay, no appeal, and an enforceable order. The protection and the deadline are the same thing.
A missed appeal makes the decision final for every other purpose too
Once the time to appeal runs out, the immigration judge's decision becomes the final administrative decision. That closes the door not only to the Board but to the federal court of appeals, because judicial review requires exhausting the Board first.
Deciding whether to appeal does not have to come first
Filing the Notice of Appeal preserves the right. The brief comes later, on the Board's schedule, after the transcript is prepared. You do not need the whole argument worked out in 30 days — you need the notice in on time. An appeal can be withdrawn later if it turns out not to be worth pursuing. It cannot be revived.
Every day used up is a day of the brief you do not get
The record has to be ordered and read, the transcript reviewed, the appealable issues identified. A case that arrives on day 3 is prepared differently from one that arrives on day 27.
Deadlines and Fees
EOIR fees rose on October 1, 2026, and are adjusted annually. Verify the current amount before filing
В сложной ситуации важно действовать быстро и профессионально
This is the question every client asks first, and it is the one where most websites quietly make something up. We would rather explain why there is no number.
The Board does not publish a reliable median decision time, and the caseload behind the question has changed beyond recognition. In 2015 the Board had roughly 37,000 appeals pending. By 2025, that figure had passed 200,000. A system that grew more than fivefold in a decade does not have a stable average.
Cases also do not move in order. Detained cases are handled on a different track from non-detained ones. Some appeals are decided by a single Board member and some by a three-member panel. A remanded case goes back to the immigration judge and starts a new stretch of time that nobody counted at the beginning. Two cases filed the same week can finish years apart.
В сложной ситуации важно действовать быстро и профессионально
— Detained appeals may be handled faster than non-detained ones, though "faster" is relative
— Nothing moves until the transcript is prepared — this is a real and often long stage, and it is outside anyone's control
— Once the transcript issues, the Board sets a briefing schedule, and that part runs on a defined calendar
— Your removal is stayed for the whole time the appeal is pending, so the delay is not working against you in the way people fear
⚠ If an attorney tells you how many months your appeal will take, ask what that number is based on.
В сложной ситуации важно действовать быстро и профессионально
On February 6, 2026, the Department of Justice issued an interim final rule, "Appellate Procedures for the Board of Immigration Appeals," that would have reshaped this process. Among other things, it would have cut the deadline for most appeals from 30 days to 10, and required that appeals not accepted for review be summarily dismissed.
In March 2026, a federal court in Amica Center for Immigrant Rights v. EOIR, in the District of Columbia, blocked significant parts of that rule. The 30-day deadline described on this page is the deadline that currently applies to most appeals from immigration judge decisions.
That is the accurate position today. It is also a position that could change: the litigation is continuing, and a decision at the appellate level could restore some or all of the rule. If you read a page or post from early 2026 saying the deadline is 10 days, you are reading something a court order has overtaken. If you read this page months from now, check the date — this is an area where the right answer has a shelf life.
В сложной ситуации важно действовать быстро и профессионально
Step 1. Read the decision before anything else
Send us the immigration judge's decision as soon as you have it. We read it for what is actually appealable — legal error, findings unsupported by the record, procedural defects — rather than for whether the outcome felt wrong. Not every denial has an appealable issue, and we will say so if yours does not.
Step 2. File the Notice of Appeal
File Form EOIR-26 with the Board within 30 days. This is the step that preserves the right and triggers the automatic stay of removal.
Step 3. Obtain and review the record
The transcript of the hearing and the full record of proceedings. Appeals are won and lost in what the transcript shows, and this stage often takes longer than clients expect — it is the main reason the overall timeline cannot be predicted.
Step 4. Write and file the brief
On the Board's briefing schedule, once the transcript issues. Extensions are limited, so the work is organized around the schedule rather than the other way around.
Step 5. The Board decides
Dismissal, relief, or remand. If the case is remanded, it returns to the immigration judge, and we continue from there. If the appeal is dismissed, we discuss a petition for review in the Court of Appeals and its 30-day deadline.
В сложной ситуации важно действовать быстро и профессионально
01
Review of the immigration court record
The transcript is the evidence in an appeal. It is read line by line, against the decision, before a word of the brief is written — because an appeal argues about what the record shows, not about what happened.
✓ Review of the transcript of the hearing
✓ Review of the exhibits and the full record of proceedings
✓ Review of the immigration judge's decision and identification of appealable legal and factual issues
02
Filing the Notice of Appeal on time
The step that preserves everything else — the right to appeal and the automatic stay of removal. We handle it as the first priority, not after the rest of the paperwork is gathered.
✓ Preparation and timely filing of Form EOIR-26 with the Board
✓ Where the Notice of Appeal has already been filed, we take the case forward from that point
03
Research and the appellate brief
The brief is the appeal. Everything else is procedure around it.
✓ Legal research on the issues identified in the record
✓ Preparation of the written appellate brief setting out the legal arguments on your behalf
✓ Filing with the Board on its briefing schedule
04
Communication with the Board
We handle every interaction with the Board for you, so you don't have to decode an order or figure out what a briefing deadline requires.
✓ All correspondence with the Board of Immigration Appeals
✓ Response to any Board orders and briefing schedules
✓ Notification to you of the decision and an explanation of what it means
В сложной ситуации важно действовать быстро и профессионально
An appeal runs on deadlines set by the Board, and two of them cannot be missed. These are the obligations the agreement asks of you:
- Provide documents promptly, with certified translations where required — delay in documents is the most common cause of avoidable problems
- Keep your address, phone number, and email current with us, and tell us immediately if any of them change
- Respond to calls and emails without delay — briefing windows are short
- Tell us about any other legal matter you are involved in, including any arrest or criminal case, as soon as it arises
- Attend oral argument before the Board if one is scheduled
- Do not take steps in the case without speaking to us first
В сложной ситуации важно действовать быстро и профессионально
— Full representation in Russian and English — the decision explained in your language, in the first conversation
— Direct access to attorney Yana Knutson
— 13+ years of immigration law experience, including motions practice and BIA appeals
— Nationwide representation — the Board is a single national body and briefing is written, so where you live does not limit who can represent you
Поговорите с адвокатом по убежищу сегодня
📞 +1(631) 805-6601 — Звонок , WhatsApp или Telegram
Knutson Law | Yana Knutson
Яна Кнутсон, иммиграционный и уголовный адвокат | New York | По всей стране
В сложной ситуации важно действовать быстро и профессионально
How long do I have to appeal an immigration judge's decision?
Thirty calendar days from the date the immigration judge issues the decision. The Board must physically receive Form EOIR-26 within those 30 days. There is no mailbox rule, so postmarking it on day 30 does not help, and the Board cannot extend the deadline.
What happens if I miss the 30-day deadline?
The removal order becomes final and enforceable, and ICE can act on it without returning to a judge. The Board may accept a late appeal only through equitable tolling, which requires showing both diligence and an extraordinary circumstance under Matter of Morales-Morales, 28 I&N Dec. 714 (BIA 2023). That is a narrow exception, not a second deadline.
Can I be deported while my appeal is pending?
A timely filed appeal from an immigration judge's removal order automatically stays removal while the appeal is pending, under 8 CFR 1003.6(a). This automatic stay is one of the strongest reasons to file within the 30 days rather than after.
How much does it cost to file an appeal to the Board?
The filing fee for Form EOIR-26 is $ 1,060 as of October 1, 2026, up from $ 1,030. Custody and bond appeals carry no fee. Attorney fees are separate.
How long will my appeal take to decide?
Nobody can tell you honestly. The Board does not publish a reliable median decision time, and its pending caseload grew from roughly 37,000 appeals in 2015 to more than 200,000 by 2025. Cases are decided out of order depending on detention status, panel assignment, and complexity. Any attorney who promises a specific date is guessing.
Did the rules for BIA appeals change in 2026?
An interim final rule published February 6, 2026, would have cut the appeal deadline from 30 days to 10 days and required summary dismissal of most appeals. In March 2026, a federal court in Amica Center for Immigrant Rights v. EOIR blocked significant parts of that rule. The 30-day deadline remains in effect for most appeals, but litigation continues, and the rules may change again.
Can I submit new evidence on appeal?
Generally no. The Board reviews the record that was before the immigration judge. New evidence normally requires a separate motion to reopen rather than an appeal. This is why what was put into the record before the judge decided matters so much.
What can the Board actually do with my case?
It can dismiss the appeal and leave the decision in place, sustain the appeal and grant relief, or remand the case to the immigration judge for further proceedings. A remand is a common outcome and means the case goes back for another hearing rather than ending.
What happens if the Board dismisses my appeal?
A petition for review may be filed in the federal court of appeals, generally within 30 days of the Board's decision. That deadline is jurisdictional. Filing a motion to reconsider at the Board does not extend it.
Do you handle appeals for cases outside New York?
Yes. The Board of Immigration Appeals is a single national body, and briefing is done in writing, so we represent clients in appeals from immigration courts nationwide. Our criminal defense practice is limited to New York.
В сложной ситуации важно действовать быстро и профессионально
— Защита от депортации — процессы по удалению из страны, апелляции в BIA, ходатайства о повторном рассмотрении, приостановление депортации
— Задержание ICE и Habeas Corpus — залоговые слушания, петиции в федеральный суд, экстренные подачи
— U-виза для жертв преступлений — законный статус для лиц сотрудничавших с органами
— VAWA — самоподача для жертв домашнего насилия
— Семейная иммиграция — грин-карты, петиции супругов, воссоединение семьи
— Уголовная защита в Нью-Йорке — с учётом иммиграционных последствий
The information on this page is for general informational purposes only and does not constitute legal advice. Every case is unique, and the outcome of any appeal depends on the specific record in that case. Deadlines and filing fees described here are current as of the date of publication and are subject to change, including by regulation and by ongoing litigation. Contact us for a consultation specific to your situation. Attorney Yana Knutson is licensed to practice law in New York State. Immigration matters are handled nationwide.
The clock starts when the judge decides, not when you get the paper
If the judge announced the decision orally at the hearing, day one is that day. People who wait for a written order in the mail have often already spent two weeks of the thirty days allowed.
The Board must receive it, not just be sent it
The Board does not apply the mailbox rule. A Notice of Appeal postmarked on day 30 and delivered on day 32 is late. The only date that matters is the date the Clerk's Office receives the filing.
Detention does not change the deadline
A detained person has the same 30 days. Handing the appeal to facility staff or putting it in the facility's internal mail system does not make it timely — it still has to reach the Board inside the window.
The Board cannot give you more time
There is no extension, no good-cause exception, no discretion. The only route for a late appeal is equitable tolling, which requires showing both that you acted diligently and that an extraordinary circumstance prevented timely filing, under Matter of Morales-Morales, 28 I&N Dec. 714 (BIA 2023). That is a narrow doctrine, not a backup plan.