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

  1. Date Announced

    Jan. 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    Jan. 13, 2021
  3. Biden Administration Action

    March 22, 2021

    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."

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

Commentary

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

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