U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals OMB# 1125-0002 Notice of Appeal from a Decision of an Immigration Judge GENERAL INSTRUCTIONS (Please read carefully before completing and filing Form EOIR-26) A. When to Appeal: · Use this form (Form EOIR-26) only to appeal a decision by an Immigration Judge. If you wish to appeal a decision of the U.S. Citizenship and Immigration Services (USCIS), you must use a different form (Form EOIR-29). You must send the Notice of Appeal so that it is received by the Board within thirty (30) calendar days after the Immigration Judge's oral decision, or within thirty (30) calendar days after the date the Immigration Judge's written decision was mailed (if no oral decision was rendered). Simply mailing your Notice of Appeal in thirty (30) days or less is not enough. Your Notice of Appeal must arrive at the Board in thirty (30) days or less. If your Notice of Appeal arrives late, your appeal will be dismissed. Mail or deliver in person to this address: Board of Immigration Appeals Clerk's Office 5107 Leesburg Pike, Suite 2000 Falls Church, VA 22041 · · B. Where to Appeal: C. How to Appeal: · · · · · · · · Read all of these instructions. Note: If you are the person in proceedings, you are the "Respondent" or "Applicant." You are also the "Appellant" if you are filing an appeal of a decision by an Immigration Judge. Fill out all three pages of the Notice of Appeal completely, answering items # 1 - 12 in English only. List in item # 1 the name(s) and Alien Number(s) ("A" numbers) of all Respondents/Applicants who are appealing the decision of the Immigration Judge. Sign item # 9. List the mailing address of the Respondent(s)/Applicant(s) in item # 10. Translate all documents that you attach to the Notice of Appeal into English. All translations must include the translator's statement stating that the translator is competent and that the translation is true and accurate. Write your name(s) and "A" Number(s) on all documents attached to the Notice of Appeal. Mail or give a copy of the completed Notice of Appeal and any attached documents to the opposing party. Complete and sign the "Proof of Service" to show you did this (item # 12). Note: If you are the Respondent or Applicant, the "Opposing Party" is the Assistant Chief Counsel of the U.S. Immigration and Customs Enforcement (ICE) of the Department of Homeland Security (DHS). Your appeal may be rejected or dismissed if you fail to properly complete the "Proof of Service" (item # 12). · D. Paying for the Appeal: Attach a check or money order to the Notice of Appeal for exactly one hundred and ten dollars (U.S. $110) made payable to "United States Department of Justice." All checks must be drawn on a bank located in the United States. If there are not sufficient funds in your account, your appeal may be dismissed. American LegalNet, Inc. www.FormsWorkFlow.com Form EOIR-26 Revised Oct. 2016  Write the name(s) and "A" Number(s) of all Respondent(s)/Applicant(s) on the check or money order. If you cannot pay for the appeal, complete a Fee Waiver Request (Form EOIR-26A) and attach it to the Notice of Appeal. The Board will review your request and decide whether to allow the appeal without payment of the fee. Your appeal may be rejected or dismissed if you fail to submit a fee or a properly completed Fee Waiver Request (Form EOIR-26A). · · E. Lawyer or Representative Allowed: · You may be represented by an attorney or representative who is authorized to appear before the EOIR. If you are represented by an attorney or authorized representative, he or she must file, with the Notice of Appeal, a Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR-27). F. Specify Reasons for the Appeal: · · Give specific details why you disagree with the Immigration Judge's decision. Most appeals are reviewed by a single Board Member. If you assert that your appeal warrants review by a three-Board Member panel, you may identify the specific factual or legal basis for your contention. Cases will be reviewed by a three-member panel only if the case presents one of these circumstances: - The need to settle inconsistencies among the rulings of different Immigration Judges; - The need to establish a precedent construing the meaning of laws, regulations, or procedures; - The need to review a decision by an Immigration Judge that is not in conformity with the law or with applicable precedents; - The need to resolve a case or controversy of major national import; - The need to review a clearly erroneous factual determination by an Immigration Judge; or - The need to reverse the decision of an Immigration Judge other than a reversal under 8 C.F.R. § 1003.1(e)(5) (i.e., permitting a single Board Member to reverse a decision that has been affected by changes in statutes, regulations or case law.) · Specify the finding(s) of fact, the conclusion(s) of law, or both, that you are challenging. If a question of law is presented, cite supporting legal authority. If the dispute is over the findings of fact, identify the specific facts you are challenging. Where the appeal concerns discretionary relief, state whether the alleged error relates to statutory grounds of eligibility or to the exercise of discretion. Identify the specific factual and legal findings you are challenging. · · If you do not give specific reasons, with details, in item # 6, or in attachments to your Notice of Appeal, the Board may dismiss your appeal on that basis alone. G. Briefs: · · Indicate in item # 8 whether you intend to file an additional written brief or statement at a later date. The Board will send you a briefing schedule and, when appropriate, a transcript of the testimony. Even if you intend to file an additional brief or statement at a later date, you still must give detailed reasons for your appeal on the Notice of Appeal in item # 6 and attachments. H. Oral Argument: · · If you ask for oral argument in item # 7, the Board will notify you if your request is granted. Even if you ask for oral argument, you still must give detailed reasons for your appeal on the Notice of Appeal in item # 6 and attachments. American LegalNet, Inc. www.FormsWorkFlow.com Form EOIR-26 Revised Oct.2016  The Board ordinarily will not grant a request for oral argument unless you also file a brief. If you request oral argument, you should also state in item # 6 why you belie