{"id":7316,"date":"2026-11-14T02:46:49","date_gmt":"2026-11-14T02:46:49","guid":{"rendered":"https:\/\/abogadaadrianagomez.com\/resources\/adjustment-of-status\/eoir-26-appeal-lawyer-new-york-city\/"},"modified":"2026-11-14T06:55:55","modified_gmt":"2026-11-14T06:55:55","slug":"eoir-26-appeal-lawyer-new-york-city","status":"publish","type":"page","link":"https:\/\/abogadaadrianagomez.com\/resources\/adjustment-of-status\/eoir-26-appeal-lawyer-new-york-city\/","title":{"rendered":"EOIR-26 Appeal Guide: Filing a BIA Appeal"},"content":{"rendered":"\n
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BIA Appeals | AG Immigration Law P.A.<\/p>

Filing a BIA Appeal? Start With a Clear Plan<\/h1>

Learn how the EOIR-26 works, what to gather before you file, and how our team can help you move forward with confidence.<\/p>

Contact Our Office<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Adriana Gomez \u00b7 Published November 13, 2026<\/p>\n\n

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EOIR-26 Appeal Guide: BIA Appeals in Removal Cases<\/h2>\n

You may have received a decision from an immigration judge, and you want it reviewed. Form EOIR-26 is the Notice of Appeal you file to take that decision to the Board of Immigration Appeals (BIA). Our team can explain whether an EOIR-26 appeal is possible and what must happen before the deadline.<\/p>\n

This guide explains what the form does, how the deadline works, what happens after filing, and what changes for cases heard in New York City. It is general information, not advice about your own case.<\/p>\n\n

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If a removal order in your case or a family member's case has a review deadline running, contact our team to talk through your appeal options. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What Form EOIR-26 is and who it is for<\/h2>\n

Form EOIR-26 is the Notice of Appeal that brings an immigration judge’s decision before the BIA. You file it 8 CFR 1003.3<\/a> directly with the Board, not with the immigration court.<\/p>\n

A party affected by the decision can appeal, as long as the party is covered by the decision and named on the form, but a party who has waived appeal may not file one. For many people, the appeal is the way to ask the Board to review a removal order from an immigration judge.<\/p>\n

The form starts the appeal. It does not hold your full argument. That goes in a written brief, and 8 CFR 1003.38<\/a> allows briefs from both parties under the Board’s rules. Two things matter most at this stage. The form must be complete and on time, and it must say what you are challenging.<\/p>\n

What a BIA appeal covers<\/h2>\n

A BIA appeal covers the specific findings and legal conclusions you challenge in the judge’s decision. Your notice has to name them.<\/p>\n