What is Form EOIR-26?
Form EOIR-26, also known as the Notice of Appeal from a Decision of an Immigration Judge, is a critical document for individuals seeking to contest decisions made by Immigration Judges. This form enables individuals to formally appeal to the Board of Immigration Appeals (BIA) within 30 days of the judge's ruling. It requires essential information such as the alien registration number, type of proceeding, and the specific grounds for the appeal. Completing this form accurately is vital for preserving one's rights and potentially altering the outcome of their immigration case.
What is Form EOIR-26 used for?
Form EOIR-26 is essential for those contesting decisions made by Immigration Judges. Here’s what it’s used for:
- Appealing Immigration Judge Decisions: To appeal outcomes from immigration hearings.
- Specifying Appeal Reasons: To outline the reasons for the appeal in detail.
- Providing Personal Information: To include names and alien registration numbers of all involved.
- Submitting Fee or Fee Waiver: To pay the $110 filing fee or request a fee waiver.
- Supporting Briefs: To indicate if additional documents will accompany the appeal.
How to fill out Form EOIR-26?
- 1
State the Immigration Judge’s decision you are appealing.
- 2
Include the names and Alien Numbers of all respondents/applicants.
- 3
Detail the specific reasons for your appeal.
- 4
Attach the Immigration Judge’s decision and supporting documents.
- 5
Attach the fee payment receipt or completed Fee Waiver Request (Form EOIR-26A).
- 6
Ensure a copy of the form is served on the opposing party.
- 7
Confirm the appeal is received by the Board within 30 calendar days.
Who is required to fill out Form EOIR-26?
Individuals who have received a decision from an Immigration Judge and wish to appeal that decision are responsible for completing Form EOIR-26. This includes respondents or applicants in various proceedings challenging the Immigration Judge's ruling.
After completion, the Board of Immigration Appeals (BIA) reviews the form. They assess the appeal based on the submitted information and supporting documents.
When is Form EOIR-26 not required?
Form EOIR-26 is not required when appealing decisions made by USCIS, which necessitates Form EOIR-29. You also don't need it for appeals concerning reasonable or credible fear determinations, as these fall outside BIA jurisdiction. Additionally, if your appeal is untimely or if you waived your right to appeal, you do not need to submit Form EOIR-26.
When is Form EOIR-26 due?
The deadline for Form EOIR-26 is 30 calendar days after the Immigration Judge's oral decision or the mailing of a written decision. If the 30th day falls on a weekend or holiday, you have until the next business day to file your appeal. Make sure to track these dates carefully to avoid missing your deadline.
How to get a blank Form EOIR-26?
To get a blank Form EOIR-26, visit our website. The form is issued by the U.S. Department of Justice through the Executive Office for Immigration Review. Our platform has the blank version ready for you to fill out. Remember, we assist with filling and downloading, but not filing forms.
How to sign Form EOIR-26?
To sign Form EOIR-26, you need to provide a handwritten signature in item #9. Make sure to include your name and the date. Note that electronic signatures are not accepted, so avoid any digital signing methods. After completing the form with PDF Guru, download it for your records. It's a good idea to check for any updates on the form before submission, as requirements may change. Remember, PDF Guru does not support submission of the form.
Where to file Form EOIR-26?
To submit Form EOIR-26, you can file it by mail or in person. If mailing, send it to the Board of Immigration Appeals at the designated address.
For online filing, use Respondent Access if you're the respondent, or ECAS if you're an attorney or accredited representative. Make sure it arrives within 30 calendar days from the Immigration Judge's decision.
