Perhaps the most frequent question I receive from fellow attorneys is how to file a Form EOIR-26 (Notice of Appeal) with the Board of Immigration Appeals for a new client whose case has an electronic rather than paper record.
Many attorneys believe that they must first file a Form EOIR-27 (Notice of Entry of Appearance) and wait for it to be approved before filing a Form EOIR-26. Others believe that they may file a paper version of Form EOIR-26 with the BIA. Both are mistaken.
In truth, there is a simple way to electronically file a Form EOIR-26 with the BIA along with a Form EOIR-27. To do so, simply enter the client’s A-number in the search bar on the home page of your EOIR portal. After clicking “Search,” an orange button will appear saying “File Appeal/MTR + Enter Appearance.”
After you click the orange button, you will be taken to a page asking you to select the appeal you want to file.
Select the appeal you want to file and click “Continue.” You will then be taken to a series of pages, starting with an overview of the documents that must be submitted.
This is the page where you upload the EOIR-26.
This is the page where you pay the filing fee (which recently increased to $1,030).
This is the page where you submit your EOIR-27.
Once you’ve uploaded the necessary documents, you’ll be taken to a page to review and complete your submission.
That’s all you need to do to. You should immediately receive an email notification from the Board, but it could take days (or weeks) for the Board to officially accept your appeal. If your client is detained, it may help to send screenshots of your submission to your client’s deportation officer to ensure he or she is not mistakenly removed.
When it’s time to write your brief, check out IRAC’s Index of Unpublished BIA Decisions.