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EOIR Director modifies BIA case processing, creates internal deadlines

  1. Original Date Announced

    October 1, 2019

    In Policy Memo 20-01, the EOIR Director reaches into BIA case processing and adds a host of internal processing deadlines to supplement the existing regulatory deadlines. The memo also endorses the use of summary dismissal and affirmances without opinion (AWOs), shortens the case flow process to press the BIA for faster adjudications, and increases the Director's oversight of the BIA Chair.

    [ID #218]

    Case Processing at the Board of Immigration Appeals
  2. Effective Date

    October 1, 2019
  3.  
  4. Biden Administration Action: Revoked/Replaced

    March 17, 2021

    Policy Memo 21-16: Cancellation of Policy Memorandum 20-01

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On March 17, 2021, the Acting Director of EOIR rescinded the Trump-era policy memo that modified the BIA's case management system. Policy Memo 21-16 expressly restores the BIA's prior case management system, as described in 8 C.F.R. § 1003.1.

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Current Status

Not in effect

Most Recent Action

March 17, 2021 Action: Revoked/Replaced Policy Memo 21-16: Cancellation of Policy Memorandum 20-01
March 17, 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

Pre Trump-Era Policies

  • Prior to this policy, BIA internal policies were controlled by the BIA Chair.

    8 CFR § 1003.1

Commentary

  • AILA: New Policy Memo Appears Designed to Collapse Board of Immigration Appeals

    Go to article

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