---
title: "Record which Board appeal period matches an immigration judge's decision"
url: "https://ailawframework.com/practice/immigration-and-migration-law/calculate-a-tribunal-review-deadline-from-the-notification-letter/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A30-FL20261022-1-US"
practice_area: "Immigration & Migration Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record which Board appeal period matches an immigration judge's decision

> 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.…

Canonical page: https://ailawframework.com/practice/immigration-and-migration-law/calculate-a-tribunal-review-deadline-from-the-notification-letter/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Immigration & Migration Law](https://ailawframework.com/practice/immigration-and-migration-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Calculate a tribunal review deadline from the notification letter](https://ailawframework.com/practice/immigration-and-migration-law/calculate-a-tribunal-review-deadline-from-the-notification-letter.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The ordinary Board period in this regulation is 10 calendar days, not 30, and not the Australian 35-day period.
- A party who has waived appeal may not file. An issue not raised in the Notice of Appeal is deemed waived.

## Sources

- [8 C.F.R. § 1003.38, appeals from an immigration judge](https://www.law.cornell.edu/cfr/text/8/1003.38) (checked 2026-10-22)
- [8 U.S.C. § 1158, asylum](https://www.law.cornell.edu/uscode/text/8/1158) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*