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 believe your case warrants review
by a three-member panel.
I. Change of Address:
•
If you move after sending your Notice of Appeal to the Board, you must give your new address
to the Board
within five (5) working days after you move. Use an alien’s Change of Address Form (Form EOIR-33/BIA).
•
Attorneys or representatives must also let the Board know if they change addresses or phone numbers,
using Form EOIR-27. An attorney’s or representative’s change of address notification is only effective for
the case in which it is submitted.
J. Further Information:
•
For further guidance please see the Board of Immigration Appeals
Practice Manual,
which is available on the
EOIR website at www.justice.gov/eoir.
K. Paperwork Reduction Act:
•
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it
displays a valid OMB control number. We try to create forms and instructions that are accurate, can be easily
understood, and which impose the least possible burden on you to provide us with information. The estimated
average time to complete this form is thirty (30) minutes. If you have comments regarding the accuracy of this
estimate, or suggestions for making this form simpler, you can write to the Executive Office for Immigration
Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church,Virginia 20530.
L. Privacy Act Notice:
•
The information on this form is authorized by 8 C.F.R. §§ 1003.3, 1003.38 in order to appeal a decision of an
Immigration Judge to the Board of Immigration Appeals. The information you provide is required to appeal the
decision and failure to provide the requested information may result in denial of your request. EOIR may share
this information with others in accordance with approved routine uses described in EOIR systems of records notices.
Departure From the United States:
If you leave the United States after an Immigration Judge’s decision in removal or deportation proceedings, but before you appeal the
decision to the Board, you may have waived your right to appeal. If you leave the United States after filing an appeal with the Board,
but before the Board decides your appeal, your appeal may be withdrawn and the Immigration Judge’s decision put into effect as if you
had never filed an appeal.
Summary Dismissal of Appeal:
The Board may summarily dismiss any appeal or portion of any appeal in which: (1) The appellant fails to specify the reasons
for the appeal (see Part F); (2) The only reason specified by the appellant for his/her appeal involves a finding of fact or con-
clusion of law that was conceded by him/her at a prior proceeding; (3) The appeal is from an order that granted the appellant the
relief that had been requested; (4) The appeal is filed for an improper purpose, such as unnecessary delay, or lacks an arguable
basis in fact or law, unless the Board determines
that it is supported by a good faith argument for extension, modification, or
reversal of existing law; (5) The appellant indicates on Form EOIR-26 that he/she will file a separate brief or statement in sup-
port of the appeal and, thereafter, does not fil
e such brief or statement, or reasonably explain his/her failure to do so, within the
time set for filing (see Part G); (6) The appeal does not fall within the Board’s jurisdiction or jurisdiction lies with the
Immigration Judge rather than the Board; (7) The appeal is untimely or barred by an affirmative waiver of the right to appeal
that is clear on the record; or (8) The appeal fails to meet essential statutory or regulatory requirements or is expressly excluded
by statute or regulation.
WARNING!
You must:
•
Sign the Notice of Appeal (item # 9).
•
Include the fee or Fee Waiver Request (Form EOIR-26A).
•
Complete and sign the Proof of Service.
•
Make sure your appeal is
received
at the Board on or before the filing due date.