In early 2026, major changes to Board of Immigration Appeals (BIA) procedures took effect—but not all of them. A federal court issued a preliminary injunction on March 8, 2026, blocking certain key provisions of the new rule while allowing others to take effect on March 9, 2026. Immigration practitioners need to know which rules are binding now and which remain blocked.
What changed
The new rule shortens the amount of time the BIA gets to make a decision on an appeal, and as of March 9, 2026, you no longer have 30 days to appeal an immigration judge or DHS decision. You now have only 10 calendar days to file an appeal with the BIA after an immigration judge or DHS issues a decision.
If you do not have an attorney, you will need to file your appeal within 10 days. Additionally, if the BIA denies your fee waiver request, you will receive a rejection notice with 15 days to refile with proof of the $1,030 fee payment.
However, the federal court order of March 8, 2026 created a two-track system: some provisions are binding, while others remain preliminary-injuncted (blocked). The precise scope of what was enjoined—as opposed to what went into effect—is the critical practitioner issue that requires ongoing monitoring of the case.
Why it matters
Appeals will move much faster, and missing a deadline or making procedural mistakes can end an appeal. The compressed timeline is especially difficult for those in custody or without immediate legal representation.
Community organizations should prepare shorter timelines and be prepared for rapid legal referrals. The split effective date (some rules in effect March 9, some blocked by court order) means you must track the underlying federal court case carefully—the preliminary injunction may be modified or dissolved on appeal, and the rule’s status could change.
Way forward
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Treat the 10-day appeal deadline as binding now. For any immigration judge or DHS decision issued on or after March 9, 2026, assume you have only 10 calendar days to file your notice of appeal. Do not rely on the old 30-day standard.
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Seek legal advice immediately after a negative decision. You should seek legal advice as soon as possible, especially in asylum cases. The margin for error is now razor-thin.
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Verify the current status of blocked provisions. Check whether the federal court order remains in effect and whether any provisions have been modified. It is possible that the rule will be challenged in federal court. Follow ILRC for updates.
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Plan appeal strategy before the immigration judge hearing. Talk to your attorney or legal representative about the plan for appeal before your case goes to a final hearing before the immigration judge.
Disclaimer
This summary is for informational purposes and not legal advice. Immigration law is complex and procedural rules change. This information reflects the rule-and-order status as of June 2026, but federal litigation may alter what is currently in effect. Always verify the current rule status and any applicable court orders against the primary source at https://www.ilrc.org/community-resources/critical-new-changes-immigration-appeals-process and consult a licensed immigration attorney for advice on your specific case.