A new rule from the Department of Justice is changing how immigration appeals after immigration court denials work, and it directly affects immigrants inside the United States.
According to the Department of Justice, the stated purpose of the rule is to speed up case processing and reduce the massive backlog at the Board of Immigration Appeals (BIA). In reality, however, it badly limits — and in many cases effectively eliminates — immigrants’ ability to meaningfully appeal incorrect or unjust immigration court decisions.
What this means for you is that appeals will no longer automatically get a full review. Instead, most appeals will be quickly dismissed unless the BIA decides that a case raises an important or unusual legal issue that deserves closer attention.
Under this new system, if you appeal an immigration judge’s decision, the BIA will usually dismiss the appeal within about two weeks unless a majority of BIA members vote to accept it for full review. If your appeal is dismissed, the immigration judge’s decision becomes the final decision, and your next step would be federal court—not years of waiting at the BIA. Some cases are treated differently, including certain detained custody or bond cases and a limited number of special DHS-related appeals, but for most people, the process will now be much faster and much stricter.
The rule also shortens deadlines. In most cases, you now have only 10 days to file an appeal instead of 30. Many asylum cases still keep the 30-day deadline, but not all—especially if asylum was denied due to bars like the one-year filing deadline or a prior asylum denial. If the BIA does accept an appeal, both sides usually must submit written arguments at the same time within 20 days, extensions are rare, and reply briefs are generally not allowed unless the BIA specifically asks for one. Overall, this means there is much less room for delay and far less margin for error.
These changes make it more important than ever to act quickly and get strong legal guidance as soon as you receive a decision from an immigration judge. A missed deadline or a weakly prepared appeal could now end your case almost immediately.
If you or a loved one is in immigration court or considering an appeal, speak with an experienced immigration attorney right away. Call Shepelsky Law Group at 718-769-6352 to discuss your options, and stay informed by reading our latest immigration news and updates at www.Shepelskylaw.com. We cover all the 50 states for all USCIS, Immigration Courts and BIA matters.