Appealing an Immigration Judge's Decision in Texas

BIA Appeals Texas: The 10-Day Deadline and Filing Steps

A BIA appeal asks the Board of Immigration Appeals to review a decision made by an immigration judge. For most decisions, the Notice of Appeal (Form EOIR-26) must reach the Board within 10 calendar days. If you have a Texas removal order in hand, that short clock matters most.

What a BIA Appeal Is and Why Texas Cases Go to Federal Review

The Board of Immigration Appeals is a federal body. The 8 CFR 1003.1 rules place it in the Department of Justice, under the Executive Office for Immigration Review. Its members decide appeals from immigration judges.

Many BIA appeals Texas cases start in a Houston or San Antonio immigration court. The hearing location does not change who decides the appeal. Appeals from an immigration judge go directly to the Board, not to a Texas state court.

These appeals often involve removal orders. They can also involve denials of relief, such as adjustment of status or a waiver. Each case has its own record and its own issues. For the general process, read our guide on BIA appeals after losing in immigration court.

How Many Days You Have to File a BIA Appeal

For most immigration judge decisions, the Notice of Appeal must be filed within 10 calendar days. The 8 CFR 1003.38 rule sets that deadline. Only certain asylum cases get a 30-day window, and only under the grounds the regulation lists.

The clock starts when the judge gives an oral decision. It also starts when a written decision is mailed or sent electronically. It does not start when you first read the papers. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day.

The filing date is the day the Board receives the notice, not the day you mail it. Mailing late is one of the most common and costly errors. A late notice does not give you more time.

How to File a BIA Appeal From a Texas Immigration Case

The Notice of Appeal goes on Form EOIR-26, filed directly with the Board. It must state the reasons for the appeal. 8 CFR 1240.15 says a missing statement of reasons can lead to dismissal. Any issue left out of the notice is treated as waived under 8 CFR 1003.38.

The notice must come with the filing fee or a Form EOIR-26A fee waiver request. If neither is filed on time, the appeal is not properly filed. The judge’s decision then becomes final. The Board may waive the fee if you show you cannot pay, using a declaration signed under penalty of perjury, under 8 CFR 1003.8.

A lawyer must file Form EOIR-27 with the Board and serve a copy on DHS. The appeal must also show proof that the other side received a copy. Under 8 CFR 1003.3, briefs are due within 20 days after the Board sets the schedule, and no more than 35 days after the appeal was filed, when no transcript is needed.

Where a BIA Decision Goes Next After the Board Rules

For appeals of decisions issued on or after March 9, 2026, the Board must summarily dismiss the appeal unless a majority of the permanent Board members votes en banc to accept it for adjudication on the merits, except for appeals under paragraphs (b)(5), (6), (7), and (14) of that regulation, per 8 CFR 1003.1. When an appeal is summarily dismissed under this paragraph (d)(2)(ii), the Immigration Judge’s decision is adopted by the Board and articulates the rationale for removal that is subject to judicial review.

Review of removal questions in federal court happens through a final removal order. 8 U.S.C. 1252 makes that review available only in a petition for review of a final order. The statute also sets a 40-day deadline for the petitioner’s brief once the administrative record is available. 8 U.S.C. § 1252 reads: “The alien shall serve and file a brief in connection with a petition for judicial review not later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief not later than 14 days after service of the brief of the Attorney General, and the court may not extend these deadlines except upon motion for good cause shown.”

Track these deadlines separately from the Board appeal. Each stage has its own rules, and missing one can end your options.

Immigration Court Records: Information for Clients Across the United States

The immigration court creates and controls the Record of Proceeding, under 8 CFR 1003.36. The Board reviews that record. It does not gather new facts on its own. Under 8 CFR 1003.1, a party who needs more facts must file a motion for remand.

Keep every notice, order, and decision you receive from the court. A written decision is served by personal service, mail, or electronic notification, under 8 CFR 1003.37, but a written copy will not be sent to an alien who has failed to provide a written record of an address. If you move, you must file Form EOIR-33 with the Board within five working days, under 8 CFR 1003.38.

Adriana Gomez is the attorney responsible for this page. The same filing rules apply to Texas cases heard in Houston, San Antonio, and elsewhere in the state.

When a Motion or Other Step Can Change the Timeline

A motion to reopen is a separate filing. It must state the new facts to be proven at a hearing, with affidavits or other evidence. The motion will not be granted unless the evidence is material and was not available and could not have been discovered or presented at the former hearing, under 8 CFR 1003.2. 8 C.F.R. § 1003.2 reads: “A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing; nor shall any motion to reopen for the purpose of affording the alien an opportunity to apply for any form of discretionary relief be granted if it appears that the alien’s right to apply for such relief was fully explained to him or her and an opportunity to apply therefore was afforded at the former hearing, unless the relief is sought on the basis of circumstances that have arisen subsequent to the hearing.” A motion filed while an appeal is pending does not need a filing fee, under 8 CFR 1003.8.

A removal decision generally is not carried out during the time allowed for an appeal, or while an appeal is pending. 8 CFR 1003.6 lists exceptions, so do not assume an appeal alone stops enforcement. Leaving the United States after being placed in deportation proceedings, but before an appeal is taken, waives the right to appeal, under 8 CFR 1003.3.

Which step fits your case depends on the facts, the decision issued, and the deadlines already running.

Talk With Adriana Gomez About Your Texas BIA Appeal

If you hold an immigration judge’s decision, the appeal clock may already be running. Each day counts. Consultations are paid, and the cost is confirmed when you contact the office.

You can reach our office by the contact form, by phone, or by WhatsApp to book a paid consultation about your BIA appeal.

Frequently Asked Questions