#appellate-procedures

Tagged #appellate-procedures

Every article we've published on this topic, sorted by the agency's own announcement date.

USCIS

Board of Immigration Appeals Overhaul Restricts Merits Review and Raises Filing Fees

DOJ's February 2026 interim final rule makes BIA review discretionary, shrinks appeal timelines, and compounds fee increases. Practitioners must rethink appellate strategy immediately.

policy update
USCIS

Federal Court Blocks Key Pieces of BIA Appeals Rule

U.S. District Court for D.C. halted significant portions of a Trump-Vance administration rule that would have eliminated meaningful appellate review before the Board of Immigration Appeals.

removal defense
USCIS

Federal Court Blocks Key Parts of BIA Appeals Rule; Filing Deadlines and Procedures in Flux

A federal court has partially blocked EOIR's February 2026 interim final rule restructuring BIA appellate procedures, vacating the default summary-dismissal framework and compressed 10-day filing deadline. Practitioners should verify current rules before filing.

removal defense
USCIS

DOJ Interim Rule: BIA Now Uses Discretionary Summary Dismissal for Immigration Appeals

The Department of Justice issued an interim final rule transforming the Board of Immigration Appeals from mandatory to discretionary review. The rule shortens appeal deadlines from 30 to 10 days, requires summary dismissal unless a board majority votes to accept a case, and removes transcript approval requirements. Practitioners must adjust filing timelines and appellate strategy immediately.

policy update
USCIS

DOJ Interim Final Rule Transforms BIA Appeal Review to Discretionary Standard

The Department of Justice issued an interim final rule making Board of Immigration Appeals review discretionary rather than mandatory, shortening appeal timelines and limiting extensions. The changes take effect March 9, 2026 and have immediate implications for removal proceedings.

removal defense
USCIS

DOJ's New Rule on BIA Appeals: 10-Day Deadline, Summary Dismissal as Default

The Department of Justice issued an interim final rule fundamentally reshaping Board of Immigration Appeals review. Filing deadlines shorten, merits review becomes discretionary, and practitioners must adjust appellate strategy immediately.

policy update