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Original Date Announced
February 6, 2026The Executive Office for Immigration Review (EOIR) issued an interim final rule, "Appellate Procedures for the Board of Immigration Appeals," that amends DOJ regulations to streamline administrative appellate review by the Board of Immigration Appeals (BIA). The rule implements the following changes:
- Establishes that the default for appeals will be summary dismissal, unless a majority of the current BIA members vote to consider the appeal on the merits within 15 days of filing the appeal;
- Shortens the timeline for filing an appeal with the BIA from 30 days to 10 days (except for certain specified asylum appeals);
- For nondismissed cases, requires simultaneous briefing within 20 days of the BIA setting the schedule, with no reply briefs and limited extensions;
- Eliminates the requirement that immigration judges continue to review transcripts of their oral decisions before adjudication of appeal;
- Removes or revises provisions authorizing the Chief Appellate Immigration Judge to either extend adjudication deadlines in particular cases or to hold cases based on pending action; and
- Makes terminology changes, including replacing the word "noncitizen" with "alien."
The changes purportedly seek to address the backlog in BIA decisions by providing the BIA with more flexibility in reviewing appeals and allowing it to "focus on appeals with particularly novel or complex legal questions."
Trump 2.0 [ID #2192]
2026.02.06 EOIR - Appellate Procedures for BIAEffective Date
March 9, 2026Current Status
NoneOriginal Trump Policy Status
Status: Comment Period Final/ActualTrump Administration Actions: Change in Practice RuleSubject Matter: Hearings and Adjudications
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
EOIR - Appellate Procedures for BIA
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