[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR3.38]

[Page 33-34]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW--Table of Contents
 
            Subpart C--Immigration Court--Rules of Procedure
 
Sec. 3.38  Appeals.

    (a) Decisions of Immigration Judges may be appealed to the Board of 
Immigration Appeals as authorized by 8 CFR 3.1(b).
    (b) The Notice of Appeal to the Board of Immigration Appeals of 
Decision of Immigration Judge (Form EOIR-26) shall be filed directly 
with the Board of Immigration Appeals within 30 calendar days after the 
stating of an Immigration Judge's oral decision or the mailing of an 
Immigration Judge's written decision. If the final date for filing falls 
on a Saturday, Sunday, or legal holiday, this appeal time shall be 
extended to the next business day. A Notice of Appeal (Form EOIR-26) may 
not be filed by any party who has waived appeal.
    (c) The date of filing of the Notice of Appeal (Form EOIR-26) shall 
be the date the Notice is received by the Board.
    (d) A Notice of Appeal (Form EOIR-26) must be accompanied by the 
appropriate fee or by an Appeal Fee Waiver Request (Form EOIR-26A). If 
the fee is not paid or the Appeal Fee Waiver Request (Form EOIR-26A) is 
not filed within the specified time period indicated in paragraph(b) of 
this section, the appeal will not be deemed properly filed and the 
decision of the Immigration Judge shall be final to the same extent as 
though no appeal had been taken.

[[Page 34]]

    (e) Within five working days of any change of address, an alien must 
provide written notice of the change of address on Form EOIR-33 to the 
Board. Where a party is represented, the representative should also 
provide to the Board written notice of any change in the 
representative's business mailing address.
    (f) Briefs may be filed by both parties pursuant to 8 CFR 3.3(c).
    (g) In any proceeding before the Board wherein the respondent/
applicant is represented, the attorney or representative shall file a 
notice of appearance on the appropriate form. Withdrawal or substitution 
of an attorney or representative may be permitted by the Board during 
proceedings only upon written motion submitted without fee.

[52 FR 2936, Jan. 29, 1987. Redesignated at 57 FR 11571, Apr. 6, 1992, 
as amended at 60 FR 34089, June 30, 1995; 61 FR 18908, Apr. 29, 1996]