Is the deadline to file a EOIR-26 Notice of Appeal with the BIA now only 10 days per the Interim Final Rule or is it still 30 days?
The deadline remains at 30 days for now and the EOIR has confirmed this in a memo on March 13, 2026. This is subject to change though, so you should check what the current deadline is if you have an appeal to file.
The Executive Office of Immigration Review (EOIR) published an interim final rule on February 6, 2026, making a change to the filing deadline for appeals to the Board of Immigration Appeals (BIA), reducing it from 30 days to 10 days (under most circumstances). See Appellate Procedures for the Board of Immigration Appeals, 91 Fed. Reg. 5267 (Feb. 6, 2026) (“IFR”). The change was scheduled to become effective until March 9, 2026.
However, on March 8, 2025, in Amica Center for Immigrant Rights v. EOIR, 2026 WL 662494 (D.D.C. Mar. 8, 2026), the U.S. District Court in the District of Columbia partially invalidated the EOIR IFR titled Appellate Procedures for the Board of Immigration Appeals, 91 Fed. Reg. 5267 (Feb. 6, 2026). The Office of the Director sent out a memorandum to all of EOIR on March 13, 2026, confirming that the proposed 10 day deadline is not in effect and that Immigration Judges and all orders should reflect the correct deadline of 30 days. See Memorandum Dated March 13, 2026 (PM 26-02).
The BIA Practice Manual also reflects this:
(a) Due Date
A Notice of Appeal (Form EOIR-26) must be filed no later than 30 calendar days after the Immigration Judge renders an oral decision or mails a written decision. 8 C.F.R. § 1003.38(b).
The 30 day period is computed as described in Chapter 2.1(b)(2) (Computation of time). The Board does not follow the “mailbox rule” but calculates deadlines according to the time of receipt at the Clerk’s Office. See Chapter 2.1 (Delivery and Receipt). The 30day deadline and method of computation applies to all parties, including aliens detained by DHS or other federal or state authorities.
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Key Takeaway: The deadline to file a Form EOIR-26, Notice of Appeal of an Immigration Judge’s Decision with the Board of Immigration Appeals is still 30 days. The portion of the Interim Final Rule that scheduled to reduce the filing deadline to 10 days was vacated by a Federal Court and has not taken effect. The Office of the Director issued a memorandum on March 13, 2026, confirming that the deadline is 30 days.