Is the Deadline to Appeal to the BIA 10 Days or 30? It Is Still 30

Short answer: 30 days. If an immigration judge has ruled against you or your family member, including a decision denying bond, the Notice of Appeal to the Board of Immigration Appeals (BIA) is due within 30 calendar days of the decision. You may see 10 days in some places. That number comes from a rule that a federal court set aside before it ever took effect.

This matters because a missed appeal deadline usually cannot be fixed later. If you are counting days, count to 30, and do not wait until the end.

Where the 10-day number came from

On February 6, 2026, the Executive Office for Immigration Review (EOIR), the agency that runs the immigration courts and the BIA, published an interim rule called "Appellate Procedures for the Board of Immigration Appeals." Among other changes, it would have cut the deadline to file most appeals from 30 days to 10 days. The rule was scheduled to take effect on March 9, 2026.

What the court did

On March 8, 2026, the day before the rule was to take effect, a federal judge in Washington, D.C. ruled in a lawsuit brought by several immigrant legal services organizations. The court's order vacated and set aside the part of the rule that required a Notice of Appeal to be filed within 10 calendar days. The order also set aside two other parts of the rule: one requiring the BIA to summarily dismiss most appeals within 15 days unless the full Board voted to hear them, and one treating any issue not raised in the Notice of Appeal as waived.

The court's reason was procedural. It found that those provisions were issued without the public notice-and-comment process the law requires.

What EOIR told its judges

On March 13, 2026, the Director of EOIR issued Policy Memorandum 26-02. It told immigration judges that the 10-day change "is not in effect" and that no judge should tell a party the appeal deadline is only 10 days. The memo also acknowledged reports that EOIR's online case information system was showing a 10-day deadline and said it would be corrected.

Why you may still see "10 days"

• The online version of the regulations still shows it. The government's online Code of Federal Regulations prints the rule text as published in February. It does not show that a court set part of it aside.
• Some notices and summaries were written in February, before the court ruled.
• EOIR itself reported that some parties were being told 10 days.

If a written decision or notice you received says 10 days, talk to a lawyer right away. Do not let the shorter number make you give up, and do not let the longer number make you wait.

How the 30 days are counted

• The clock starts on the day the judge states the decision orally in court, or on the date a written decision is mailed or sent electronically.
• These are calendar days, so weekends count.
• If the 30th day falls on a Saturday, Sunday, or legal holiday, the deadline moves to the next business day.
• The appeal is filed directly with the BIA on Form EOIR-26. Plan to file well before the last day.

Could this change again?

Yes. The government told the court it is working on a final rule through the normal notice-and-comment process. A new final rule could change the deadline in the future. As of November 4, 2026, no final rule had been published. Always confirm the current deadline with a lawyer for your specific case.

If the decision was about bond

A bond decision can be appealed to the BIA on the same form. But an appeal is not the only option after bond is denied. Depending on why bond was denied, a new bond hearing based on changed circumstances, or a habeas corpus petition in federal court, may fit better. Our page on what to do after bond is denied explains the three routes.

Talk to a lawyer before the deadline

New Horizons Legal represents detained clients in Oklahoma, including bond appeals and federal habeas petitions. A $150 consultation is paid time for the attorney's legal assessment of your situation and your deadlines. Consultations are by phone, Google Meet, or in person in Tulsa, and interpreters are available.

Call 918-221-9438.

This article is general information, not legal advice for your case. Deadlines depend on the type of decision and on changes in the law.