Receiving an unfavorable decision from an Immigration Judge can be overwhelming, especially when the time available to preserve an appeal may be limited.
For appeals that fall under the standard BIA appeal procedure, the Notice of Appeal—Form EOIR-26—generally must be received by the Board within 30 calendar days after the Immigration Judge renders an oral decision or mails the written decision. Simply placing the appeal in the mail within 30 days is not sufficient; EOIR bases timeliness on receipt.
Form EOIR-26 is the official Notice of Appeal used to appeal certain Immigration Judge decisions to the Board of Immigration Appeals.
The form requires information about the person appealing, the Immigration Judge decision, the basis for the appeal, representation information when applicable, and whether the appellant intends to file a separate written brief or statement.
EOIR requires the Notice of Appeal to explain the reasons for the appeal with sufficient specificity. The form should therefore be completed carefully and based on the information provided by the client.
Document preparation may include:
Depending on the scope selected and the documentation available, the client may need supporting written materials associated with the appeal.
This portion of the offering focuses on organizing the client-provided facts, records, decision documents, and other materials relevant to the preparation assignment.
The service should be described as document preparation, rather than promising a favorable legal outcome or government decision.
If your business is not providing attorney or accredited-representative legal services, I would not advertise this as preparation of legal arguments, appellate briefs, or legal strategy. That wording can imply legal representation. “Appeal document preparation” is much cleaner for your site.
For a qualifying appeal from an Immigration Judge’s decision, EOIR generally requires Form EOIR-26 to be received by the Board of Immigration Appeals within 30 calendar days.
EOIR also states that the Board does not have authority to extend the standard deadline for filing Form EOIR-26.
That means a client who receives an Immigration Judge decision should act promptly.
The 30-day rule does not mean every type of immigration decision follows the same appeal procedure. EOIR specifically notes that certain determinations, including some credible-fear, reasonable-fear, and claimed-status review decisions, are not reviewed by the BIA through Form EOIR-26.
This product is intended for individuals who have received a decision from an Immigration Judge and want document-preparation assistance for a qualifying appeal to the Board of Immigration Appeals. It is especially appropriate for clients who need help preparing Form EOIR-26, organizing the information related to the appeal, and assembling applicable supporting materials for submission. Because appeal rights and filing requirements can depend on the type of decision and the specific circumstances of the case, clients should contact the office promptly after receiving the decision, particularly when a filing deadline may apply.
