Final rule · 2026-02326

Appellate Procedures for the Board of Immigration Appeals

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.