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If a decision was signed by an immigration judge

Washington, DC |
Filed under: Immigration Appeals

on May 23rd but mailed May 26th do the 30 days to appeal start on the 23rd or 26th?

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Attorney answers 4


See the BIA practice manual online 30 days from order

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

Neil Ian Fleischer

Neil Ian Fleischer


A Notice of Appeal (Form EOIR-26) must be filed no later than 30 calendar days after the Immigration Judge renders an oral decision or mails a written decision. 8 C.F.R. § 1003.38(b).


Hire a lawyer and the day of decision is the day the 30 begins to run.


I agree with the other attorneys - 30 days from the date of the decision, May 23rd.

Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an experienced immigration attorney. This answer does not create an attorney-client relationship.


Yes, it's 30 days from the date of the decision. Note that the BIA is very strict with the deadline (even if it is not your fault) so plan to have some room for courier error.

Madrid Crost Law Group - (888) 466-4478; e-mail:; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site:

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