Receiving a removal order can be frightening, but you are not left without options. You have the right to appeal the decision, and acting quickly is the most important thing you can do right now.
After an immigration judge issues a removal order, a person has 30 calendar days to file an appeal with the Board of Immigration Appeals (BIA). During this window, U.S. Immigration and Customs Enforcement (ICE) cannot legally deport them. This also applies even if that person is detained. Every case is different, but below are the general steps to filing an appeal.
File a Form EOIR-26 (Notice of Appeal)
This form notifies the BIA that the person who received the removal order is challenging the judge’s decision. Their attorney or accredited representative must file the EOIR-26 electronically via ECAS. Filing on time triggers an automatic stay of removal for the duration of their BIA appeal, meaning ICE cannot deport them while their case is under review.
Pay the filing fee or request a waiver
As of March 2026, the BIA filing fee is $1,030, which the respondent must pay through the EOIR payment portal. If the respondent cannot pay the fee, they can file a Form EOIR-26A (Fee Waiver Request) along with their Form EOIR-26. Take note that they cannot send the appeal without either an electronic payment receipt or the waiver form.
Submit a written brief
After the BIA processes the filing, the respondent will receive a hearing transcript. Under the March 2026 BIA regulations, they will then have a strict 20-calendar-day window to file a written brief identifying the legal errors in the judge’s decision. Take note that there is no opportunity to review the government’s brief before the respondent can submit their own. Both are filed at the same time.
Understand your options and your next step
These steps are a starting point. However, the appeals process may look different depending on the specifics of the case, so it’s important to seek professional legal guidance. A California immigration attorney can help you or your loved one confirm exactly what applies to your situation and help you make informed decisions.