Immigration Process in the United States
Process in relation to Immigration Courts
(information based on the DoJ Manual)
Who may appeal
An Immigration Judge’s decision may be appealed only by the Alien (person who is not a citizen or national of the United States) subject to the proceeding, the alien’s legal representative, or the Department of Homeland Security. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.3.
How to appeal
To appeal an Immigration Judge’s decision, a party must file a properly completed and executed Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals. The Form EOIR-26 must be received by the Board no later than 30 calendar days after the Immigration Judge renders an oral decision or mails a written decision. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.38. Parties must comply with all instructions on the Form EOIR-26. Appeals are subject to strict requirements. For detailed information on these requirements, parties should consult the Board of Immigration Appeals American Encyclopedia of Law.
Process in relation to Immigration Courts
(information based on the DoJ Manual)
Who may appeal
An Immigration Judge’s decision may be appealed only by the Alien (person who is not a citizen or national of the United States) subject to the proceeding, the alien’s legal representative, or the Department of Homeland Security. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.3.
How to appeal
To appeal an Immigration Judge’s decision, a party must file a properly completed and executed Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals. The Form EOIR-26 must be received by the Board no later than 30 calendar days after the Immigration Judge renders an oral decision or mails a written decision. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.38. Parties must comply with all instructions on the Form EOIR-26. Appeals are subject to strict requirements. For detailed information on these requirements, parties should consult the Board of Immigration Appeals American Encyclopedia of Law.