Client Alert: Board of Immigration Appeals undergoes significant restructuring of policies

The Board of Immigration Appeals (BIA) will undergo a significant restructuring, effective March 9, 2026. Below is a breakdown of the significant changes:

Key Point: The new BIA default is summary judgement. Dismissals will occur within 15 days of filing. 

1. “Instead, for appeals taken from decisions issued after this IFR becomes effective, as explained in Section IV.A of this preamble, the default will be summary dismissal unless a majority of current Board members vote to consider the appeal on the merits. And such dismissals will occur quickly—within 15 days of filing the appeal—allowing aliens to seek Federal court review expeditiously, rather than potentially waiting for years for a Board decision that in the vast majority of cases would affirm the underlying Immigration Judge decision.”

Key Point: For most cases, 10 days is the new deadline for filing an appeal with the Board.

2. “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.” 

The Board cites the “five-fold” increase of pending appeals, “from 37,285 pending appeals to 202,946 pending appeals,” as the reason for such changes. This IFR is effective March 9, 2026, meaning these procedures will not apply to appeals filed before this date. 

Sources:

https://www.federalregister.gov/documents/2026/02/06/2026-02326/appellate-procedures-for-the-board-of-immigration-appeals