Asylum case referred to court or denied: what options remain

If USCIS referred your asylum case to immigration court, your case is not over: an immigration judge will hold a new hearing and decide independently of USCIS.⁠^[1] If an immigration judge denied your case, there may still be an appeal to the Board of Immigration Appeals, a motion to reconsider or reopen, or a petition for review in a federal court of appeals. Each one has a short, fixed time limit that runs from the date of the decision, and in most cases the appeal period is only 10 calendar days.⁠^[2] Sometimes no option is left, which is why the date on the decision matters more than anything else.

If USCIS referred your case to immigration court

An asylum officer who does not grant asylum to an applicant who appears to be inadmissible or deportable refers the application to an immigration judge, together with a charging document, for decision in removal proceedings.⁠^[8] USCIS describes this as issuing a Notice to Appear and referring the case to an immigration judge, who conducts a "de novo" hearing: a new hearing, with a decision independent of USCIS's.⁠^[1] The application you filed with USCIS is reviewed again by the judge, unless it was abandoned or dismissed.⁠^[1]

If you were maintaining valid immigrant, nonimmigrant or Temporary Protected Status when USCIS decided your case, the asylum officer denies the application instead of referring it.⁠^[9] Ask a lawyer what options remain while your status lasts.

After a referral, the immigration court rules apply. Keep your address current with the court on Form EOIR-33 within five days of any move, and attend every hearing.⁠^[10][11] What a Notice to Appear means walks through the first steps.

If an immigration judge denied your case: the options and their dates

Option	What it does	Time limit
Appeal to the Board of Immigration Appeals (Form EOIR-26)	Asks the Board to review the judge's decision. Issues not raised in the Notice of Appeal are waived.⁠[3]	10 calendar days in most cases; 30 calendar days where the judge decided an asylum application and did not deny it under INA 208(a)(2)(A), (B) or (C).⁠[2]
Motion to reconsider	Points out errors of law or fact in the decision, supported by legal authority. One motion.⁠[5]	Within 30 days of the final administrative order of removal.⁠[5]
Motion to reopen	Presents new facts, supported by affidavits or other evidence. Generally one motion.⁠[6]	Within 90 days of the final administrative order, with exceptions, including no time limit for asylum or withholding based on changed country conditions.⁠[6][12]
Petition for review	Asks the federal court of appeals for the circuit where the judge completed the case to review the final order.⁠[7]	Not later than 30 days after the final order of removal.⁠[7]

The Board appeal: 10 days or 30 days

The Board appeal regulation was last amended in February 2026, and in its current form the general deadline for an appeal is 10 calendar days from the immigration judge's decision.⁠^[13] The longer 30-day period applies only where the judge adjudicated an asylum application and did not deny it under INA 208(a)(2)(A), (B) or (C).⁠^[2] Those subsections include the one-year filing rule and the bar on a second application after a denial.⁠^[14][15] So if the judge denied asylum because it was filed late, the 10-day period applies.⁠^[2]

How the period is counted:

• It runs from the date the judge states an oral decision, or the date a written decision is mailed or sent electronically.⁠^[3]
• If the last day falls on a Saturday, Sunday or legal holiday, it moves to the next business day.⁠^[3]
• The appeal is filed on the date the Board receives it, not the date you send it.⁠^[4]
• A party who waived appeal at the hearing may not appeal.⁠^[3] Do not waive appeal at the hearing without understanding what you give up.
• The Notice of Appeal must come with the fee or an appeal fee waiver request.⁠^[16] EOIR fees are paid electronically through the EOIR Payment Portal.⁠^[17]

If you have read elsewhere that every appeal to the Board has 30 days, check the date of what you read. Under the current regulation, checked on November 11, 2026, most appeals have 10 calendar days.⁠^[2][13] Count from the decision date and use the shorter period unless a lawyer confirms the longer one applies.

Motions to reconsider and to reopen

A motion to reconsider asks the decision-maker to look again at the same record because the decision got the law or the facts wrong. You may file one, within 30 days of the date of the final administrative order of removal, and it has to identify the errors and cite supporting authority.⁠^[5]

A motion to reopen asks for a new hearing based on new facts. You may generally file one, within 90 days of the final administrative order, and it has to state the new facts and be supported by affidavits or other evidence.⁠^[6] There is no time limit if the motion seeks asylum or withholding of removal based on changed conditions in your country, provided the evidence is material and could not have been found or presented earlier.⁠^[12]

A separate rule applies if the order was entered because you missed a hearing: it can be rescinded on a motion filed within 180 days for exceptional circumstances, or at any time if you did not receive proper notice or were in custody through no fault of your own.⁠^[18]

Review in a federal court of appeals

After a final order of removal, a petition for review may be filed with the federal court of appeals for the circuit where the immigration judge completed the proceedings. It must be filed not later than 30 days after the date of the final order.⁠^[7]

Withholding and CAT protection may still matter

A denial of asylum does not always end every claim. The one-year filing rule applies only to asylum, not to withholding of removal.⁠^[19] A person barred from withholding may still be granted deferral of removal under the Convention Against Torture if torture is more likely than not.⁠^[20] Asylum, withholding and CAT compared explains the differences.

When there may be no option left

If every period above has passed and no exception applies, there may be nothing left to file. Be wary of anyone who promises otherwise, and check that anyone you hire is allowed to represent you.⁠^[21] How to check an immigration lawyer shows how.

What to do today

1. Get the decision in writing and note the date of the decision or of its mailing or electronic notice.⁠^[3]
2. Count 10 calendar days from that date, and treat that as your appeal date unless a lawyer confirms a longer period applies.⁠^[2]
3. Call a lawyer now, not near the end of the period. Joya Law Firm describes its asylum and deportation defense work on its asylum and deportation defense page; free and low-cost help lists non-profit options.
4. Keep your address current with the court, and keep every notice you receive.⁠^[10]