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Deadline to Appeal

A Notice of Appeal from a Decision of the Immigration Judge (Form EOIR-26) must be filed with the Board within 30 calendar days of an Immigration Judge’s oral decision, or the mailing or electronic notification of a written decision. 8 C.F.R. § 1003.38(b) (2025). If the last day falls on a weekend or a legal holiday, the appeal must be received no later than the next business day. 8 C.F.R. § 1003.38(b), (c).


Matter of Zaid ISKANDARANI, 29 I&N Dec. 26 (BIA 2025)

When an Immigration Judge issues an oral decision, the 30-day appeal filing period is calculated from the date the decision is rendered and is unaffected by the subsequent mailing of a memorandum summarizing the oral decision.

Full decision: https://www.justice.gov/d9/2025-04/4089.pdf