After an immigration judge (IJ) decides your case, you generally have 30 days plus an extra 3 days if notice is mailed to file a Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals (BIA).
Once your appeal is accepted, the BIA will review the record of proceedings transcripts, evidence, and the IJ’s order, and set a briefing schedule for the parties. The BIA issues a scheduling order that tells you when to submit your written brief. From filing the appeal to receiving a final decision usually takes many months.
In practice, most BIA appeals are resolved in roughly 6–18 months, often longer if the case is complex or the BIA is very busy.
Typical BIA Appeal Timeline
Filing the appeal
File Form EOIR-26 with fee (or waiver) within 30 days of the IJ’s decision. Missing this deadline almost always causes the appeal to be dismissed.
Scheduling order
After your notice is accepted, the BIA Clerk issues a scheduling order within weeks often faster for detained cases. This order sets deadlines to file briefs. Detained cases typically get scheduling orders in a few weeks and decisions in a few months, whereas non-detained cases often wait much longer, sometimes years, just to get a briefing schedule.
Briefing
Usually, you (the appellant) have 21 days to file your brief, and then the government has 21 days to respond. You can request one extension, generally about three more weeks for your own brief if needed. After briefs are filed, the case goes “on the papers” for decision. Oral argument is rarely granted, only in very novel or complex cases.
Decision
The BIA then issues a final decision. It may affirm the IJ’s ruling, reverse it, remand the case back to the IJ for further proceedings, or dismiss the appeal. Most appeals are decided based on the written record, without a new hearing. Decisions often take “several months” after the briefing is complete.
How Long Does a BIA Appeal Take?
In general, BIA appeals are not quick. Many routine appeals finish in about 6 to 18 months from filing, and it’s common for delays to stretch to two years or more, especially in busy circuits. For example, a 2025 law firm report notes that appeals can range from a few months in simple cases to two years or longer. Factors that slow down appeals include a heavy backlog of pending cases, complex factual records as in asylum or cancellation cases, and procedural issues like motions or remands.
Recent EOIR data show the backlog is very large. The BIA receives around 30,000–60,000 appeals per year. In 2024, the Board decided roughly 44,785 appeals, yet still had about 138,672 appeals pending. By Q3 of FY2025, EOIR statistics reported over 186,000 appeals pending. This growing queue means many appellants in 2025 are waiting longer than in past years. In fact, an April 2025 Interim Final Rule noted that due to this backlog, BIA appeals “take a long time to resolve”, often more than a year from notice to decision.
Several factors influence timing:
Case complexity
Appeals that hinge on factual issues like asylum or cancellation of removal tend to take longer because the BIA must review transcripts and evidence in detail. By contrast, appeals raising only legal questions or criminal convictions can be quicker, since the BIA mainly analyzes statutes and records.
Detained vs. non-detained
Historically, respondents in custody at the time of the hearing (“detained” cases) receive decisions much faster than those released on bond or not detained. For example, a recent study found that detained cases averaged about 145 days (≈ 4.8 months), whereas non-detained cases averaged around 850 days (≈ 28 months) for a decision.
Board caseload and staffing
The recent rule reducing the Board to 15 judges (effective April 2025) and ongoing high filing rates may increase delays. The BIA’s resources are stretched covering tens of thousands of appeals, which contributes to wait times.
Key Steps & Tips in the BIA Appeal Process
Form EOIR-26 (Notice of Appeal):
This form (blue paper) officially begins the appeal. Make sure it is filed and received by the Board within 30 days after the IJ’s decision (or 33 days if mailed). Include the $110 filing fee or a fee waiver request. The BIA treats the received date as the filing date, and it cannot extend this strict deadline.
Briefing schedule:
After the appeal is accepted, you’ll “receive a scheduling order”. This lists deadlines for your written brief and any government brief. Stick to those dates. If you checked “yes” to filing a brief on your EOIR-26, you will indeed get a deadline to submit it. As noted, you can usually request one continuance of about three weeks for your first brief in an IJ appeal. If DHS is appealing an IJ grant, they coordinate the schedule and don’t get extra extensions.
Written briefs:
Prepare a clear, well-supported brief. Identify specific legal or factual errors by the IJ, with citations to the record, statutes, and case law. Note that on appeal, the BIA reviews questions of law de novo (fresh), but findings of fact (including credibility) only for clear error. Most appeals are decided on the existing record and briefs; you generally cannot submit new evidence unless you move to remand.
Decision:
The Board will issue its ruling after considering the briefs. If the appeal is dismissed, the IJ’s order becomes final. Dismissal often occurs without a detailed explanation. Common grounds for summary dismissal include missing the deadline, indicating you would file a brief but then not filing one, or failing to state any substantive grounds in the notice of appeal. For example, a notice that is blank or filled with only boilerplate is not enough and can lead to dismissal.
Withdrawals:
You may withdraw your appeal at any time before the BIA decides, by filing a written Motion to Withdraw Appeal labeled as such. If the withdrawal is granted, the IJ’s decision immediately becomes final, and (for instance) any voluntary departure period starts running from the original IJ decision date. If you try to withdraw after the decision is entered, it’s too late.
Expedited requests:
In rare emergencies, you can file a MOTION TO EXPEDITE. You must show compelling need, imminent removal, a child aging out of eligibility, a serious health crisis, etc. If the Board grants an expedited request, it will work your case sooner, but such requests are only approved in truly urgent cases.
What Happens After the BIA Decision?
When the BIA issues its final decision on the appeal, the immigration judge’s order becomes a final administrative order. If the decision is favorable, removing your deportation order or granting relief, you typically are allowed to stay. If the decision is unfavorable (the appeal is denied or dismissed), you can generally petition for review in the federal appeals court that covers your area. A petition for review usually must be filed within 30 days after the BIA decision. Note that Court of Appeals review focuses on legal or constitutional issues; discretionary decisions can often only be reviewed for legal errors. Federal appeals can also be lengthy (often another year or more) and are governed by federal rules.
Unlike BIA appeals, many USCIS decisions (like visa or petition denials) are appealed to the USCIS Administrative Appeals Office (AAO). The AAO tries to complete appeals within 180 days of a complete record. By comparison, the BIA has no such 180-day goal and often takes much longer (as noted above). In practice, an appeal of a visa denial to the AAO is usually faster than a BIA appeal in removal proceedings.
Legal Help for BIA Appeals and Immigration Cases
The BIA appeal process can be complex, stressful, and time-consuming. One missed deadline or incomplete brief can change the outcome of your entire case. Having experienced legal representation is essential to ensure your appeal is filed correctly, supported by strong legal arguments, and backed by the right documentation.
At The Chidolue Law Firm, our attorneys guide clients through every stage of the BIA appeal timeline, from filing the Form EOIR-26 to preparing persuasive briefs and responding to Board notices. We handle both detained and non-detained cases, helping families pursue justice and stay together while awaiting their decisions.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
➡ 678-325-1037
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➡ 404-333-8751
Your story doesn’t end with one decision. Let our dedicated attorneys help you take the next step toward keeping your family united and your future secure.
