Appellate Procedures for the Board of Immigration Appeals
Abstract
This interim final rule ("IFR") amends Department of Justice ("Department" or "DOJ") regulations to streamline administrative appellate review by the Board of Immigration Appeals ("Board" or "BIA") of decisions by Immigration Judges by making review of such decisions on the merits discretionary, by setting appropriate times for briefing in cases that are reviewed on the merits, and by streamlining other aspects of the appellate process to ensure timely adjudications and avoid adding to the already sizeable backlog at the Board. Additionally, the Department is making various technical and non- substantive changes to its regulations.
Federal Register Source
This document is published by the Office of the Federal Register, National Archives and Records Administration. Access the full regulatory text, preamble, and docket comments below.
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Frequently Asked Questions
What is the 2026-02326 Federal Register document?
Document 2026-02326 is a Final Rule published by the Department of Justice in the Federal Register on February 6, 2026, with an effective date of March 9, 2026. This interim final rule ("IFR") amends Department of Justice ("Department" or "DOJ") regulations to streamline administrative appellate review by the Board of Immigration Appeals ("Board" or "BIA") of decisions by Immigration Judges by making review of such decisions on the merits discretionary, by setting appropriate times for briefing in cases that are reviewed on the merits, and by streamlining other aspects of the appellate process to ensure timely adjudications and avoid adding to the already sizeable backlog at the Board. Additionally, the Department is making various technical and non- substantive changes to its regulations. View the original at https://www.federalregister.gov/documents/2026/02/06/2026-02326/appellate-procedures-for-the-board-of-immigration-appeals.
Is document 2026-02326 an economically significant rule?
No. Document 2026-02326 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.