Appellate Procedures for the Board of Immigration Appeals
Final ruleStated effective date Mar 9, 2026Changes requirements
The stated effective date has passed. A later rule, court order or withdrawal can change whether it still applies; check the source and any later records.
This interim final rule ("IFR") amends Department of Justice ("Department" or "DOJ") regulations to streamline administrative appellate review by the Board of Immigration Appeals ("Board" or "BIA") of decisions by Immigration Judges by making review of such decisions on the merits discretionary, by setting appropriate times for briefing in cases that are reviewed on the merits, and by streamlining other aspects of the appellate process to ensure timely adjudications and avoid adding to the already sizeable backlog at the Board. Additionally, the Department is making various technical and non- substantive changes to its regulations.
Who the document names
Visa categories
Asylum
Where the document says this
Asylum: “Those three subparagraphs bar an alien from applying for asylum where:”
A requirement the document states
“This view would not change any existing understandings regarding when a removal order becomes final or when a petition for review must be filed.”
This list may be incomplete; the document may name others. Whether it applies to a particular person depends on facts this record does not have.
Follow and explore
From the countries and visa categories the document names.
On February 6, 2026, the Executive Office for Immigration Review ("EOIR") published in the Federal Register the interim final rule ("IFR") "Appellate Procedures for the Board of Immigration Appeals" with comments originally due March 9, 2026. This document extends the deadline for written comments to April 8, 2026.
Classified automatically; not reviewed by a person
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