Record which Board appeal period matches an immigration judge's decision
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the decision the lawyer has marked, leave blank whether the Notice of Appeal on Form EOIR-26 is due in 10 calendar days or in 30 calendar days. Record that the 30-day period is for a case in which the immigration judge adjudicated an asylum application and did not deny it under section 208(a)(2)(A), (B), or (C) of the Act, and that other cases are 10 calendar days. Record that the period runs from the stating of an oral decision or the mailing or electronic notification of a written decision, and that a final date on a Saturday, Sunday, or legal holiday moves to the next business day. Record that the filing date is the date the Board receives the notice, and that the fee or Form EOIR-26A must be in within the same period. Do not calculate a calendar date. Do not file the notice.
- What the lawyer must review
- The lawyer picks the period and the start event. 8 C.F.R. § 1003.38(b) sets the 10-calendar-day rule and the 30-calendar-day asylum rule, the start events, and the weekend and holiday extension. Subsection (c) makes filing the date of receipt by the Board. Subsection (d) requires the fee or Form EOIR-26A inside that period. 8 U.S.C. § 1158(a)(2) is the asylum time-limit, previous-application, and safe-third-country text that paragraph (b)(2) cites. The tool does not decide which paragraph applies and does not count a date. Do not use a 35-day period.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes organising research leads and assembling provisional schedules. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.