Letter from EOIR on Completion Time of EOIR-26
Executive Office for Immigration Review
Office of the Director
5107 Leesburg Pike, Suite 2400
Falls Church, Virginia 22041
April 22, 1999
Peter D. Williamson, Esq.
Peter D. Williamson & Associates
1111 Fannin, Suite 1360
Houston, Texas 77002-6923
Re: Your letter: dated April 5, 1999, pertaining to EOIR-26 (ref. 1999-25)
Dear Mr. Williamson:
In your letter dated April 5, 1999, which was received at our Office on April 12, 1999, you indicate that it takes longer than thirty minutes to complete form EOIR-26 (Notice of Appeal to the Board of Immigration Appeals from the Decision of the Immigration Judge). You assert that in order to articulate the issues on appeal, type, and review the form, a practitioncr needs to spend approximately two hours in the process; an attorney who did not represent the client in Immigration Court might need five or more hours to fill out the EOlR-26.
We appreciate your concern about the importance of spending sufficient time in properly completing the EOIR-26, which is required to pursue administrative -- and, if appropriate, judicial review of a decision issued by an Immigration Judge. Although we are very aware that it could take more rhan thirty minutes to fill out the form, this is the average length of time it takes attorneys and pro appellants. In some instances, practitioners need only a few minutes immediately after a merits hearing to write down the factual and/or legal issues which deserve review by the BIA. In others, practitioners or appellants might have to conduct extensive research on the statutory and regulatory provisions in effect at all times relevant to the case to responsibly identify and articulate the issues on appeal. A review of the completed EOIR-26 forms shows that most are completed in the time indicated.
I thank you for your attention. If we could be of further assistance, please contact me or the Office of General Counsel staff at (703) 305-0470.
Sincerely,
[signature]
Peggy Philbin
Deputy Director/Acting General Counsel