You need Form EOIR-26, a fee receipt for $1,010 or Form EOIR-26A for a waiver, plus proof you served DHS. A Trump asylum appeal means an appeal of an immigration-judge asylum denial to the Board of Immigration Appeals, the body that reviews judge decisions.
The Board must receive EOIR-26 within 30 days of the decision, or it becomes final. The U.S. DOJ Executive Office for Immigration Review states this deadline in its appeal guidance for immigration judge decisions.
Table of Contents
- Is There a Separate Trump Form?
- Papers That Start the Appeal
- What to Put in the Packet
- Deadlines After Docketing
Is There a Separate Trump Form?
An appeal called a Trump asylum appeal still uses the regular removal appeal path. There is no separate Trump form.
Under USCIS policy, affirmative denials go to immigration court when the applicant is out of status. Only a defensive denial by an immigration judge uses EOIR-26 to the BIA.
Papers That Start the Appeal
The core filing is Notice of Appeal Form EOIR-26. The current fee is $1,010. The U.S. DOJ EOIR lists that amount in its current fee schedule for immigration appeals. Include a payment-portal receipt with EOIR-26.
If you seek a hardship waiver, include completed Form EOIR-26A instead. The BIA Practice Manual treats a filing without one or the other as improperly filed. The BIA Practice Manual explains the rule in its filing rules on fees and fee waivers. Under EOIR guidance, a lawyer or representative who appears for you must add Form EOIR-27. Complete the Certificate of Service on EOIR-26 and serve DHS. Keep proof of service with your records.
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- EOIR-26 signed and timely received
- fee receipt or EOIR-26A waiver request
- EOIR-27 if represented
- completed Certificate of Service plus service on DHS
What to Put in the Packet
Include a copy of the judge's order and decision. Add a brief or memorandum that ties each error to the record.
Cite transcript pages and exhibit numbers. Add country-conditions material or other evidence that supports the claim. EOIR guidance also recommends Change of Address Form EOIR-33/BIA so notices reach you.
Deadlines After Docketing
After docketing, the BIA sets a briefing schedule. File the opening brief and any reply brief by those dates. Limit argument to errors of fact or law preserved below.
If the BIA denies the appeal, you may seek federal review. File a petition for review in the regional U.S. Circuit Court of Appeals within 30 days.
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