Frequently asked questions

What is the BIA?

The Board of Immigration Appeals is EOIR's appeals board. It reviews immigration judges' decisions on appeal by the applicant or DHS: it can uphold a decision, reverse it or send the case back to the judge.

Can an immigration judge's decision be appealed?

Yes: an appeal to the BIA is usually filed within 30 days of the judge's decision. This is general information, not legal advice — check deadlines and procedures with an immigration attorney.

How long does a BIA decision take?

As of September 30, 2026, 301,154 appeals are waiting for a BIA decision. The median time for appeals decided in the latest month is 5 mo. from filing to decision.

Appeals (BIA)

The Board of Immigration Appeals (BIA) reviews decisions of immigration judges. Here: the appeals backlog, wait times and appeal outcomes by court and judge.

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