EOIR's current rule is that a Notice of Appeal, Form EOIR-26, must be received by the Board of Immigration Appeals no later than 30 calendar days after the immigration judge renders an oral decision or mails a written decision.
Received means received
EOIR's Board Practice Manual states that the BIA does not use a mailbox rule for this deadline. The appeal deadline is based on receipt at the Board, not merely the date you put a paper appeal in the mail.
The Board cannot simply extend the Notice of Appeal deadline
EOIR describes the 30-day appeal deadline as strict and states that the Board does not have authority to extend the time for filing Form EOIR-26 under the ordinary extension process.
Preserve the decision date immediately
Keep the written decision, hearing record, envelope if a decision was mailed, and any paperwork showing whether appeal was reserved or waived. Record the date of the oral decision or mailing exactly as shown in the official record.
Filing requirements include more than the date
Current EOIR instructions also address the correct form, filing fee or fee-waiver request when applicable, service, and filing method. Fees and procedures have changed in 2026, so verify them directly before filing.
If you may want to appeal, contact a qualified immigration lawyer or DOJ-accredited representative immediately. US Asylum Help does not calculate a case-specific deadline or decide whether an appeal should be filed.
Official sources
This page is general information, not legal advice or a deadline calculation for a particular case.