This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Use this form (Form EOIR-26) only to appeal a decision by an Immigration Judge. If you wish to appeal a decision of. the U.S. Citizenship and Immigration Services (USCIS), you must use a different form (Form EOIR-29).
EOIR-28 - Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court.
Freedom of Information Act (FOIA) Requests for a copy of an ROP may be made to the immigration courts or the BIA in person, by mail, or by email. Please visit the ROP request information page for additional instructions.
Introduce yourself and provide your own citizenship/immigration status. Establish your relationship with the applicant. Describe the applicant's personality traits with supporting examples. Write in a narrative format to support the purpose of the letter.
If you disagree with the Immigration Judge's decision, you can ask the Board of Immigration Appeals ("Board") to review the decision to make sure the Immigration Judge did not make a mistake. This is called an "appeal." The Board must receive your appeal within 30 days from the Judge's decision in your case.
The odds of winning an immigration appeal process are not very high. In fact, it is estimated that 8 out of 10 cases fail in court. It should be noted that success rates vary by jurisdiction. In fact, civil appeals, especially in family cases, are more likely to be successful, with a rate of 50%.
A motion to reconsider shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority. INA § 240(c)(6)(C); 8 C.F.R. § 1003.3(b)(1). In general, a respondent may file one motion to reconsider within 30 days of the date of a final removal order.
(a) Addressing the Immigration Judge — The immigration judge should be addressed as either “Your Honor” or “Judge __.” See Chapter 4.3 (References to Parties and the Immigration Judge). The parties should stand when the immigration judge enters and exits the courtroom.
We encourage you to file Form I-589 online. If you decide to mail your Form I-589, mail it to the USCIS lockbox that has jurisdiction over your place of residence—not to a USCIS service center. Go to the “Where to File” section of USCIS' Form I-589 page to see the most up-to-date mailing addresses.
Appeals of decisions on an I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer with the office that made the decision on the petition.