Important Updates to the Immigration Appeals Process

The U.S. Department of Justice has introduced an interim final rule that brings significant changes to the immigration appeals process before the Board of Immigration Appeals (BIA). These changes will take effect on March 9, 2026, and will apply to decisions made by an Immigration Judge (IJ) or the Department of Homeland Security (DHS) on or after that date.

What is Changing?

Deadlines: The time to file a BIA appeal has been reduced from 30 days to 10 days. However, a limited exception keeps a 30-day deadline for certain asylum appeals, unless the denial is based only on the one-year filing deadline, a previous asylum denial, or a safe third country/asylum cooperative agreement.

Dismissals: Most appeals will likely undergo prompt dismissal unless a majority of the members of the BIA vote to consider the appeal on the merits. This means the default will be summary dismissal unless the Board affirmatively votes to take the case up for merits review. If the appeal is not selected for merits review, it will be dismissed quickly—within 15 days of filing.

Briefing: If the BIA votes to review the appeal on the merits, both parties will typically brief on a simultaneous schedule, meaning neither side will have the opportunity to review the other party’s brief and arguments before submitting its own. The rule also limits extensions of briefing deadlines and ends BIA review or correction of hearing transcripts.

It’s important to discuss appeal options with clients before the final hearing. Being prepared to file an appeal immediately after an unfavorable decision is essential. If you are appealing an asylum denial and are unsure about the applicable deadline, assume you have only 10 days to file. Remember that the 10-day limit begins on the date the Immigration Judge or DHS issued the decision, and the appeal must be received by the Board within the period—not simply mailed by then.

Make sure to have the $1,030 filing fee ready or consider submitting a fee waiver request (Form EOIR-26A) at the same time you submit the appeal form (Form EOIR-26). If the fee waiver is denied, you will have 15 days to refile your appeal with proof of payment.

Please note that these changes do not affect pending BIA appeals, decisions issued before March 8, 2026, or appeals in federal court.

#ImmigrationLaw #BIAAppeals #LegalUpdate #ImmigrationRights #ImmigrationAttorney #DOJ #LegalAdvocacy