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EOIR announces Policy Manual, subsuming BIA and Immigration Court Practice Manuals

  1. Original Date Announced

    January 13, 2021

    EOIR announces the release of a comprehensive Policy Manual, incorporating the BIA Practice Manual and the Immigration Court Practice Manual, making revisions to both, and adding material for the Office of the Chief Administrative Hearing Officer. The current version of the Policy Manual is available here.

    Among the changes in agency practice captured in the consolidated manual:

    • The default filing deadline for briefs and evidence in a non-detained merits hearings has been changed from 15 days to 30 days prior to the hearing, thus shortening the period to submit briefs and evidence.
    • If the respondent is represented, amendments to applications for relief, additional supporting documents, updates to witness lists, and other such documents must be submitted at least 30 days in advance of the hearing.

    (Note that these changes were largely unannounced and were not highlighted in the public release of the manual. The manual may authorize or contain other substantive changes in procedures that have not yet been identified or might depend on further analysis and implementation. Also note that, despite its considerable length, the Policy Manual has been made more difficult to search than its predecessor Practice Manuals, both of which had word and citation indexes and the option to download a searchable document.)

    [ID #1295]

    EOIR Announces the Release of a Comprehensive Policy Manual
  2. Effective Date

    January 13, 2021
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  4. Biden Administration Action: Modified

    March 22, 2021

    2021.03.22 EOIR Policy Manual, Part III BIA Practice Manual, Chapter Four - Appeals of Immigration Judge Decisions, 4.7 - Briefing Deadlines

    This Biden administration policy revokes one small part of the Trump-era policy identified in this entry.

    On March 22, 2021, EOIR updated the BIA Practice Manual to remove the language saying motions to extend the briefing deadline filed the same day the brief is due are "particularly disfavored and granted only in the most compelling of circumstances."

    View Document

Current Status

Partially in effect
March 22, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Commentary

  • NIJC: Pro Bono Alert Without Any Warning, EOIR Changes the Filing Deadline for Merits Hearings

    Go to article

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