When the BIA denies or approves an appeal, it sends a copy of the decision by regular mail to the attorney of record and a copy to the immigrant at their last known address. Or, if the case is an electronic filing case, they send their decision by email and post a copy to your ECAS account. This is one of the key reasons that you should keep the BIA updated about your address. Even if you are represented by an attorney, the BIA must know where you live.
You can also check the status of your appeal by checking the EOIR phone system. The phone number is 1-800-898-7180, and it is available 24 hours a day, 7 days a week. You will have to know your A number. You should check this number periodically to determine the status of your appeal. You can also get answers to most of your questions by calling the BIA phone tree at 703-605-1007. This system provides information about:
- the BIA’s mailing address, location, and website information;
- Appeals and motions;
- Transcripts and briefs;
- Stays of deportation;
- BIA decisions; and
- Change of address.
Staying on top of your appeal is critically important, because the 30 day time period for filing a circuit court appeal is based on the date the BIA issues its decision, not the date you learned that your appeal was denied.
If you move while your appeal is pending, it’s not enough to update your address with your attorney or even with the immigration court alone — you must file a change of address directly with the Board of Immigration Appeals. Failing to do so could mean missing a critical deadline or never receiving a copy of your decision. Use Form EOIR-33/BIA to notify the Board of any address changes. The form must be filed within five working days of a move.
If you’re unsure whether your decision has been issued, or if you have trouble understanding the phone system or the BIA’s mailings, it’s a good idea to check in with your attorney or a legal aid organization. Don’t wait until it’s too late to take action.
If the BIA denies your appeal, and you believe the decision is legally or factually wrong, you have only 30 days to file a petition for review with the appropriate federal circuit court. This is a strict deadline set by statute, and it includes weekends and holidays.
Importantly, the 30-day deadline begins on the day the BIA issues its decision, not the day you receive it in the mail. This distinction can be confusing — especially if the mail is delayed, misdelivered, or lost altogether. That’s why checking the EOIR hotline regularly is critical. The date the decision is entered into the system is typically the same date it is mailed, and that’s the date the courts will use to determine your filing deadline.
If you win your appeal, congratulations — but don’t assume your case is finished. A BIA grant often means your case is being sent back to the immigration court. At that point, there is more to do. You need to update the immigration court regarding your address if you have moved since you were last in court. And your attorney might need to file a new entry of appearance form. Otherwise, the court might send you a new hearing notice and you may not receive it.
Even after a denial, you may have options. Depending on your circumstances, you might be eligible to file a petition for review, a motion to reopen. or a motion to reconsider with the BIA. These motions are difficult to win and are subject to strict time and content requirements. But in some cases — especially if new evidence arises or you were poorly represented — a motion may be your best chance to keep fighting. It’s worth exploring with a qualified immigration attorney.
A motion to reopen must generally be filed within 90 days of the BIA’s decision, unless it’s based on changed country conditions. If you believe your lawyer mishandled your case or failed to present key evidence, you might be able to reopen your case even after the 90-day window has passed — but you’ll need to follow specific procedures, including notifying your prior attorney and filing a bar complaint or explaining why you did not.
If you’ve moved or lost track of your case, and you’re unsure whether the BIA has issued a decision, don’t wait. Call the EOIR hotline immediately and find out. If you learn that a decision was issued weeks or months ago, you may still have time to act — for example, by filing a late petition for review along with a motion to reinstate your appeal — but your options narrow quickly the longer you wait. Speed is critical in these situations.
It’s also important to keep good records. Save every piece of mail you receive from the BIA, the immigration court, and your lawyer. Take screenshots of any EOIR hotline calls where you learn your case has been decided. If you eventually need to prove when you received a decision or that you acted diligently, these records can make the difference between being heard and being shut out on a technicality.
Finally, don’t go through this process alone if you don’t have to. Immigration law is complicated and constantly changing. Even experienced attorneys sometimes have to dig deep to understand the latest rules and procedures. Whether you’re represented or pro se, don’t hesitate to reach out to trusted legal aid groups, immigration advocates, or bar associations for help. If you’d like to hire a BIA appeal attorney, click the link to get in touch. Staying informed and proactive is your best defense.