BIA Appeals and Motions to Reopen for Garden Grove Residents
An appeal to the Board of Immigration Appeals is often the next step for a Garden Grove resident who receives an unfavorable decision from an immigration judge in Santa Ana or Adelanto. Motions to reopen or reconsider offer another path when new facts emerge or the judge made a legal error.
These filings are deadline-driven and technical. Missing a deadline by a single day can end the right to appeal, and the Board generally decides cases on the written record rather than live testimony.
This page explains how appeals and motions generally work as of October 2026, including the fee increases from H.R. 1 and the 2026 changes to BIA procedures. Every case is different, and no outcome can be guaranteed.
What the Board of Immigration Appeals Does
The BIA is the highest administrative body for interpreting and applying immigration law. It sits in Falls Church, Virginia, and reviews decisions by immigration judges nationwide, including the judges at the Santa Ana Immigration Court and the Adelanto Immigration Court.
The Board also hears certain appeals of USCIS decisions, most notably denials of family-based I-130 petitions. Most other USCIS denials, such as I-485 or employment petitions, go to the USCIS Administrative Appeals Office or are handled through motions with USCIS instead.
Filing a BIA Appeal: Form EOIR-26 and the 30-Day Deadline
An appeal from an immigration judge's decision is filed on Form EOIR-26, Notice of Appeal. Under 8 CFR 1003.38, the BIA must receive it within 30 calendar days of the judge's oral decision or the mailing of a written decision. Mailing it on day 30 is not enough.
A 2026 interim rule attempted to shorten that deadline and change other BIA procedures. A federal court set aside some provisions, while others, such as revised briefing schedules, reportedly took effect for later decisions. Because this area is in active litigation, treat 30 days as the outside limit and confirm current rules immediately.
The notice of appeal should clearly identify the errors being challenged. After filing, the Board typically sets a briefing schedule once the hearing transcript is prepared. A strong brief connects the record to the controlling law, including Ninth Circuit precedent that governs California cases.
Motions to Reopen and Motions to Reconsider
A motion to reopen asks the judge or the Board to look at new, material facts that were not available at the earlier hearing. Under 8 CFR 1003.2 and 1003.23, it generally must be filed within 90 days of the final order, and only one is usually allowed.
A motion to reconsider argues that the decision contained an error of law or fact based on the existing record. It is generally due within 30 days of the decision. Exceptions to these time and number limits exist, including for certain changed country conditions in asylum cases and some in absentia orders.
- New eligibility for relief, such as a newly approved I-130 for a spouse
- Ineffective assistance of prior counsel, which has specific procedural requirements
- Lack of proper notice of a hearing that led to an in absentia order
- Changed conditions in the home country affecting an asylum claim
Fees After H.R. 1 and Fee Waivers
H.R. 1, signed July 4, 2025, added a statutory fee for BIA appeals and many motions on top of the earlier $110 or $145 fee, and requires annual inflation adjustments. As a result, an EOIR-26 appeal and many motions now cost over $1,000 as of 2026. Confirm the exact amount on the EOIR site before filing.
Custody and bond appeals remain fee-exempt, and some motions to reopen in absentia orders based on lack of notice are exempt as well. Fee waiver requests on Form EOIR-26A are possible but are closely scrutinized. Filing with the wrong fee can lead to rejection, which may cost you the deadline.
Stays of Removal and Federal Court Review
Filing a timely appeal of an immigration judge's removal order generally stays removal while the BIA considers it. Filing a motion to reopen does not automatically stop removal in most cases, so a separate stay request may be needed, especially for anyone with an ICE check-in coming up.
If the BIA rules against you, review may be available in the U.S. Court of Appeals for the Ninth Circuit through a petition for review, generally due within 30 days of the BIA's final order. That deadline is jurisdictional and cannot be extended.
You May Qualify If…
- An immigration judge in Santa Ana, Adelanto, or elsewhere issued a decision you believe is legally or factually wrong
- USCIS denied an I-130 family petition you filed
- New evidence or eligibility for relief arose after your final order
- You were ordered removed in absentia and believe you did not receive proper notice
- Your prior representative's mistakes may have harmed your case
- You are still within, or may qualify for an exception to, the applicable deadline
The Process, Step by Step
- 1
Immediate deadline review
An attorney identifies the decision date, how it was served, and the exact deadline for an appeal, motion, or petition for review. This is the first priority.
- 2
Obtain the record
The attorney reviews the judge's decision, the hearing record, and prior filings. A FOIA request to EOIR or DHS may be used to obtain missing materials.
- 3
Choose the right filing
Based on the record, the team decides whether a BIA appeal, a motion to reopen, a motion to reconsider, or another option fits best. Sometimes more than one filing is appropriate.
- 4
File the notice of appeal or motion
Form EOIR-26 or the motion is filed with the correct fee or a fee waiver request, served on DHS counsel, and confirmed as received before the deadline.
- 5
Brief the case
For appeals, a written brief is filed on the Board's schedule, citing the record and controlling BIA and Ninth Circuit law. Motions include supporting evidence and declarations.
- 6
Decision and next steps
The BIA may sustain the appeal, remand to the immigration judge, or dismiss it. If dismissed, options such as a Ninth Circuit petition for review must be evaluated quickly.
Government Fees & Typical Timelines
| BIA appeal, Form EOIR-26 (as of October 2026) | The prior $110 fee plus the H.R. 1 statutory fee, adjusted for inflation, for a total above $1,000. Confirm the current amount on EOIR's website before filing. |
|---|---|
| Motion to reopen or reconsider | The prior $110 BIA or $145 immigration-court fee plus the inflation-adjusted H.R. 1 fee, unless an exemption applies, such as certain in absentia motions based on lack of notice. |
| Appeal deadline | 30 calendar days from the immigration judge's decision for the BIA to receive Form EOIR-26, under 8 CFR 1003.38. Confirm whether any 2026 rule change applies to your case. |
| Motion deadlines | Generally 90 days from the final order for a motion to reopen and 30 days for a motion to reconsider, with limited exceptions. |
| Ninth Circuit petition for review | Generally 30 days from the BIA's final order. The deadline cannot be extended. |
| BIA decision time | Varies widely, from several months to more than a year depending on caseload and complexity. There is no guaranteed timeline. |
Fees and processing times change frequently. Always confirm on the official agency website before filing.
Appeals From the Santa Ana and Adelanto Courts
Most non-detained Garden Grove residents in removal proceedings appear before the Santa Ana Immigration Court on East Dyer Road, roughly 15 to 20 minutes by car from central Garden Grove. Detained residents are usually heard at Adelanto, where access to family, documents, and counsel is harder.
Appeals from both courts go to the BIA and then, if needed, to the Ninth Circuit. Local cases often involve long-time residents with citizen children, older Vietnamese nationals with removal orders dating back years, and Latino families seeking cancellation of removal or asylum.
Some Vietnamese nationals in Garden Grove have old final orders that could not be carried out for years. Changes in removal practices since 2025 have made reviewing those files more urgent. A motion to reopen may be worth exploring if new relief, such as a family petition, has become available.
Frequently Asked Questions
I lost my case at the Santa Ana Immigration Court. How long do I have to appeal?
Generally 30 calendar days from the judge's oral decision or the date a written decision was mailed, and the BIA must receive Form EOIR-26 within that period. A 2026 rule attempted to change BIA procedures, and parts of it have been litigated, so contact an attorney right away to confirm the deadline that applies to your case. Do not wait until the last week.
What is the difference between an appeal and a motion to reopen?
An appeal asks the BIA to review whether the immigration judge got the law or facts wrong based on the existing record. A motion to reopen asks the judge or Board to consider new, material evidence that was not available before, such as a newly approved family petition. They have different deadlines, fees, and standards, and sometimes both should be considered.
I have an old deportation order from years ago. Can anything be done?
Possibly. Although motions to reopen are generally due within 90 days, exceptions exist for lack of notice of an in absentia hearing, changed country conditions in asylum cases, and certain other situations. An attorney would need to obtain your full record, often through a FOIA request, before advising whether a motion is realistic. Every case is different.
Will filing an appeal stop ICE from deporting me?
A timely appeal of an immigration judge's removal order generally stays removal while the BIA decides the case. A motion to reopen, by contrast, usually does not stop removal automatically, so a separate stay request may be needed. If you have an upcoming ICE check-in, tell your attorney immediately so the right protective filings can be considered.
How much does it cost to file a BIA appeal in 2026?
As of October 2026, the government filing fee for an EOIR-26 appeal is above $1,000 because H.R. 1 added a statutory fee on top of the prior $110 fee, with annual inflation adjustments. Bond appeals have no fee. Fee waivers are possible but closely reviewed. Always confirm the current amount on EOIR's website, because an incorrect fee can lead to rejection.
Can I appeal a USCIS denial of my I-130 for my spouse?
Yes. A denied I-130 family petition is generally appealed to the BIA on Form EOIR-29, filed with USCIS within the deadline stated in the denial notice. In some cases, refiling a new petition with stronger evidence is faster than appealing. An attorney can compare both options based on the reasons USCIS gave for the denial.