Tagged #bia-appeal
Every article we've published on this topic, sorted by the agency's own announcement date.
Fourth Circuit: BIA misapplied standard in reviewing immigration judge's torture grant
A Fourth Circuit decision vacates the BIA's reversal of an immigration judge's Convention Against Torture grant, finding the Board failed to apply proper clearly erroneous review to factual findings about risk of torture.
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.
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.
BIA Appeals: The 30-Day Window and What Makes a Brief Reviewable
The 30-day filing window for a BIA appeal under 8 C.F.R. §1003.38(b) is jurisdictional. The brief that follows is the case — a brief that fails to identify specific factual or legal error gets summary affirmance.