“I Haven’t Hired an Attorney Yet, But My Asylum Appeal is Almost Due. What Should I Do?”

You were denied asylum in Immigration Court, and you only have 30 days to appeal the decision of the Immigration Judge (IJ). However, you are still searching for an attorney, and need more time to hire one. One option is to file your notice of appeal on your own. Here is the link to the Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. Read the instructions on the form carefully before filling it out and filing.

A very important thing to remember is that the Form EOIR-26 must be RECEIVED by the Board within 30 calendar days of the IJ’s oral decision or if no oral decision was made, then 30 calendar days after the IJ’s written decision was mailed.

Because you are planning to hire a lawyer, then indicate on number 8 of the form that you intend to file a separate written brief or statement after filing this Notice of Appeal. After this form is sent and accepted, the Board sends a briefing schedule setting the deadline for your written brief. If you mark number 8 on the form, then you will be expected to file a brief or statement after you receive the briefing schedule from the Board. The Board may dismiss your appeal if you do not file a brief or statement within the time set in the briefing schedule.

Here at the Law Office of Marron Gebremeskel, PLLC, we offer asylum appeal representation services. Give us a call to review your case.

We are here to serve you.