A U.S. District Court for the District of Columbia blocked significant pieces of an administration policy that sought to eliminate meaningful appellate review before the Board of Immigration Appeals (BIA). The court halted the February 6, 2026, Interim Final Rule on “Appellate Procedures for the Board of Immigration Appeals,” which was set to take effect March 9, 2026.
What changed
The administration issued an Interim Final Rule on “Appellate Procedures for the Board of Immigration Appeals” without the required notice-and-comment period. The rule fundamentally restructured appellate review in removal proceedings, requiring summary dismissal unless the full Board acts within 10 days—before transcripts are created—making meaningful review functionally impossible in most cases.
The case, Amica Center for Immigrant Rights et al. v. Executive Office for Immigration Review et al., was brought by Amica Center, Brooklyn Defender Services, Florence Immigrant & Refugee Rights Project, HIAS, and National Immigrant Justice Center, represented by Democracy Forward, the American Immigration Council, and National Immigrant Justice Center.
The District Court issued a preliminary injunction blocking the rule’s implementation before it took effect.
Why it matters
If the rule had taken effect, your clients’ ability to meaningfully appeal adverse immigration court decisions would have been severely curtailed. The 10-day BIA review window—before case transcripts are even prepared—would have compressed the appellate timeline to near-impossibility in the vast majority of cases. Under the proposed rule, requiring summary dismissal unless the full BIA acts within 10 days and before transcripts are created, meaningful review would have been functionally impossible in most cases.
This is significant for your practice: appellate strategy, filing deadlines, record development, and client counseling on appeal prospects all depend on a functioning appellate system. The preliminary injunction preserves the existing BIA appellate framework while the underlying Administrative Procedure Act and Fifth Amendment claims work through the courts.
Way forward
- Monitor the ongoing litigation — The injunction is preliminary, and the government may appeal. Check the District Court docket for Amica Center et al. v. EOIR regularly.
- Continue standard BIA appeal practice — Until further order, existing BIA appellate rules remain in effect. File within deadlines and develop your appellate record normally.
- Preserve appellate issues — In removal cases, ensure you create a clear record for appeal in immigration court to protect your client’s BIA options.
- Stay alert for agency response — The administration may attempt a revised rule or rulemaking. Watch EOIR’s website and the Federal Register for any new proposed BIA procedural changes.
Disclaimer
This article is not legal advice. Fola is a software platform, not a law firm. Immigration law is complex and changes frequently. Consult a licensed immigration attorney about your specific situation, and verify all information against the primary sources linked above and the authoritative rule text. Policy and court decisions can change on appeal or through subsequent administrative action, and you should always confirm the current status directly with EOIR or through recent legal updates.