The Department of Justice (DOJ) Issued an Interim Final Rule that Changes BIA Appellate Procedures.
U.S. deportation proceedings review by the Board of Immigration Appeals reviews decisions on Immigrants deportation cases who lose their asylum/cancelation of removal case. Immigrants used to be able to appeal the negative decision of the lower court to the Appellate Board of Immigration Appeals. Now the Department of Justice is working to change the appeals process to a discretionary basis, with this Interim Rule, providing that only appeals that the Appellate Board wants to review will be reviewed.
Also “The IFR will also change the deadline for filing an appeal with the Board from 30 to 10 days, except for cases involving certain asylum applications, as discussed in more detail in Section IV.B of this preamble. And, as explained in Sections IV.C and D of this preamble, the IFR adopts other measures previously adopted by the 2020 Appellate Procedures Final Rule, which were never fully operationalized, to streamline the processes for obtaining the parties’ briefs and assembling the record on appeal.” https://www.federalregister.gov/documents/2026/02/06/2026-02326/appellate-procedures-for-the-board-of-immigration-appeals.
Since the new rule making process is underway, the Federal Register is inviting public comment and opinion. If you’re a U.S. Citizen and have an opinion for or against or a recommendation you can write to influence the rule making.
This will seriously affect immigration because, when a respondent appeals an immigration judge’s removal decision, the removal order is automatically stayed while the appeal is pending. Meaning the person is not deported automatically. While discretionary stays have to be requested. For example, if a respondent is seeking to reopen an immigration judge’s removal order, the stay is not automatic, and the respondent has to ask for one. https://www.justice.gov/eoir/page/file/1043831/dl?inline
Do you feel strongly about this?
If you wish to provide comments regarding this rulemaking, you must submit your comments, identified by the agency name and reference RIN 1125-AB37 or EOIR Docket No. EOIR-26-AB37, by one of the two methods below. Comments are public and must be postmarked before March 9, 2026.
📧 Federal eRulemaking Portal: https://lnkd.in/eM3UajZS. Follow the website instructions for submitting comments.
✉️ Mail: Paper comments that duplicate an electronic submission are unnecessary. If you wish to submit a paper comment in lieu of electronic submission, please direct the mail/shipment to: Jamee E. Comans, Acting Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041. To ensure proper handling, please reference the agency name and RIN 1125-AB37 or EOIR Docket No. EOIR-26-AB37 on your correspondence. Mailed items must be postmarked or otherwise indicate a shipping date on or before the submission deadline.
All comments received are considered part of the public record and made available for public inspection at https://lnkd.in/eM3UajZS. Such information includes personally identifying information (such as your name, address, etc.) voluntarily submitted by the commenter.
“Legal Authority
The Department issues this IFR pursuant to section 103(g) of the Immigration and Nationality Act (“INA” or “the Act”), 8 U.S.C. 1103(g), as amended by the Homeland Security Act of 2002 (“HSA”), Public Law 107-296, 116 Stat. 2135 (as amended). The HSA provides that EOIR exists within DOJ and that it shall be “subject to the direction and regulation of the Attorney General” under section 103(g) of the INA, 8 U.S.C. 1103(g). Further, under the HSA, the Attorney General retains authority to “establish such regulations, . . . issue such instructions, review such administrative determinations in immigration proceedings, delegate such authority, and perform such other acts as the Attorney General determines to be necessary for carrying out” the Attorney General’s authorities under the INA. HSA 1102, 116 Stat. at 2273-74; INA 103(g)(2), 8 U.S.C. 1103(g)(2). Those authorities include conducting removal proceedings under section 240 of the INA, 8 U.S.C. 1229a (“section 240 removal proceedings”).” https://www.federalregister.gov/documents/2026/02/06/2026-02326/appellate-procedures-for-the-board-of-immigration-appeals
“The Board shall function as an appellate body charged with the review of those administrative adjudications under the Act that the Attorney General may by regulation assign to it.”); Kucana v. Holder, 558 U.S. 233, 239 (2010) (“As adjudicator in immigration cases, the Board exercises authority delegated by the Attorney General.” https://www.federalregister.gov/documents/2026/02/06/2026-02326/appellate-procedures-for-the-board-of-immigration-appeals
https://www.justice.gov/sites/default/files/eoir/legacy/2002/08/26/BIARestruct.pdf