How Long Does a BIA Appeal Take? Here's What to Expect

Why There Is No Single Answer to How Long a BIA Appeal Takes

No single number answers how long a BIA appeal takes. The answer depends on the facts of the case and the stage it has reached. People who search “how long does BIA appeal take” usually want one date. A single date is hard to give.

If you’re waiting on this decision for a parent, spouse, or client, the wait can feel endless. Some steps run on fixed clocks set by regulation. Other steps move at the pace of the Board’s workload and the record in the case.

The Board of Immigration Appeals (BIA) is the appellate body that reviews decisions made by immigration judges. It operates within the Department of Justice under 8 C.F.R. § 1003.1. Five factors shape how long an appeal runs:

• Filing: the Notice of Appeal must reach the Board on time, with a fee or fee waiver request and proof of service.
• Briefing: each side files written arguments on a set timetable.
• The record: the Board needs the hearing record, and sometimes a transcript.
• Custody: a detained person’s appeal can follow separate rules.
• Complexity: more legal issues usually mean more for the Board to review.

For the wider picture, read our adjustment of status guide.

The Appeal Period and the Notice of Appeal (EOIR-26)

An appeal starts when the Notice of Appeal, Form EOIR-26, reaches the Board within the required time, along with all required documents, fees or fee waiver requests, and proof of service. The deadline rules appear in 8 C.F.R. § 1003.38. The Notice of Appeal is filed directly with the Board.

Under that rule, the deadline runs from the date of the immigration judge’s oral decision. For a written decision, it runs from the mailing or electronic notice. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day.

An appeal is not properly filed unless the Board receives the form with the fee or a fee waiver request, plus proof of service, in time (8 C.F.R. § 1003.3). 8 C.F.R. § 1003.3 reads: “An appeal is not properly filed unless it is received at the Board, along with all required documents, fees or fee waiver requests, and proof of service, within the time specified in the governing sections of this chapter.” The form also has to state your reasons. Missing reasons can lead to dismissal (8 C.F.R. § 1240.15).

Our Form EOIR-26 notice of appeal guide covers the form itself.

How Briefing Schedules and Extensions Affect the Timeline

A briefing schedule is the timetable for written arguments. The Board sets one for every appeal it does not summarily dismiss (8 C.F.R. § 1003.3).

When no transcript is warranted, both sides file briefs within 20 days of the Board’s order. The deadline is never more than 35 days after the appeal was filed. When a transcript is warranted, briefs are due 20 days after the Board’s order and after the transcript is available.

A reply brief is accepted only if the Board invites or orders one. For appeals from a decision of a DHS officer, 8 C.F.R. § 1003.3(c)(2) gives the applicant or petitioner and DHS 21 days to file a brief, unless the DHS officer whose decision is being appealed specifies a shorter period, and reply briefs are permitted only by leave of the Board. For appeals from a decision of a DHS officer, the DHS officer or the Board may extend the briefing period for good cause shown, upon the alien’s written request.

For appeals not summarily dismissed, the Board receives the case record as promptly as possible after the appeal comes in (8 C.F.R. § 1003.5). The Immigration Court creates and controls that record (8 C.F.R. § 1003.36).

What Happens When the Board Decides Your Appeal

The Board issues a decision, and that decision shapes your next step. The Board has 15 members. Most cases go to a single Board member, and a three-member panel is used only when a case meets the rule’s standards (8 C.F.R. § 1003.1).

The Board can uphold the immigration judge’s decision, change it, or send the case back for further proceedings. Which result applies turns on the record and the reasons raised in your filings.

If the party fails to specify the reasons for the appeal, the Board can summarily dismiss the appeal. Summary dismissal ends the appeal without full review. Clear, specific reasons help avoid that risk (8 C.F.R. § 1003.3).

Detained Cases, Complex Records, and Other Factors That Change Timing

Detained cases can move on a different track, and custody appeals have their own clock. Custody appeals can involve an automatic stay, which pauses the immigration judge’s release order while the government appeals.

If the Board has not acted, that automatic stay lapses 90 days after the notice of appeal is filed. If the Board grants a motion by the alien for an enlargement of the briefing schedule, the order pauses the 90-day period for the same number of days (8 C.F.R. § 1003.6).

Asylum cases carry their own limits. An immigration judge may grant a continuance for good cause. Under 8 C.F.R. § 1003.6(b), the bar on carrying out a decision during the appeal period and while an appeal is pending does not cover an immigration judge’s order denying a motion to reopen or reconsider or to stay deportation, unless the order expressly grants a stay or the motion was filed under § 1003.23(b)(4)(iii); if no stay has been granted by the immigration judge or a Service officer, the Board may, in its discretion, stay deportation while an appeal from such an order is pending. A continuance cannot push an asylum case past 180 days without exceptional circumstances (8 C.F.R. § 1003.29).

A long hearing record or several legal issues can add time on both sides. Readers in Florida can also review our Florida adjustment of status page for Florida-specific information.

What Happens While the Appeal Is Pending

A removal order generally cannot be carried out while a timely appeal is pending.

Keep copies of every filing and every proof of mailing. Track hearing notices and any change of address. Respond to Board correspondence by the date it sets.

Questions about staying in the country or traveling during an appeal need answers based on your own file. Gather the documents for your case before you make any plans.

After the BIA Decides: Further Review and Other Options

The main next steps after a Board decision are a motion to reopen or reconsider, or a petition for review in a federal court of appeals. Each one has its own rules.

A motion to reopen or reconsider must be in writing. The Board decides these motions in its discretion, even when a prima facie case is shown. A motion to reopen or reconsider and all attachments must be in English or come with a certified English translation, and the motion must include proof of service on the opposing party. A represented party other than DHS must also file Form EOIR-27 (8 C.F.R. § 1003.2).

A motion to reconsider a decision must be filed with the Board within 30 days after the mailing of the Board decision.

Readers weighing options after an immigration court case can review our green card options guide.

Common Questions

Talking Through Your Appeal With Our Office

You can talk through your appeal with our office to see what your next step may be. If you’re waiting on a Board decision for a parent, spouse, or client, you may also be checking whether a deadline is close.

Adriana Gomez is the lawyer responsible for this page. Our practice focuses on removal defense and BIA appeals, along with related matters such as adjustment of status, family petitions, and waivers.

To reach our team, use the contact form, call the office, or message us on WhatsApp. Consultations with our office are paid.