EOIR Extends Comment Period on BIA Appellate Procedures Rule to April 8, 2026
Published Feb 27, 2026
The Executive Office for Immigration Review (EOIR) has extended the public comment deadline for its interim final rule on Board of Immigration Appeals (BIA) appellate procedures, originally due March 9, 2026, to April 8, 2026. The underlying rule, published February 6, 2026, is already in effect as an interim final rule.
Key points
- The interim final rule, published February 6, 2026 at 91 FR 5267, makes merits review of Immigration Judge decisions by the BIA discretionary.
- It also sets new briefing timelines and streamlines other appellate procedures to address the BIA backlog.
- EOIR extended the comment deadline by 30 days in response to a request from interested organizations.
- The rule is exempt from standard notice-and-comment requirements under the Administrative Procedure Act and took effect upon publication.
- Comments must be submitted by April 8, 2026 via regulations.gov or by mail, referencing RIN 1125-AB37 or Docket No. EOIR-26-AB37.
Who is affected
Individuals in removal proceedings who may appeal to the BIA, immigration attorneys, and advocacy organizations are affected.
What to do
Those wishing to comment on the rule should submit written comments by April 8, 2026 through regulations.gov or by mail, citing the correct docket number.
Full text
The complete official text was archived on this site on 2026-10-13. It stays available here even if the source link changes or is removed.
Document Headings
Document headings vary by document type but may contain the following:
the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions
See the Document Drafting Handbook for more details.
Department of Justice
Executive Office for Immigration Review
8 CFR Parts 1003, 1208, and 1240
[Docket No. EOIR-26-AB37; Dir. Order No. 03-2026]
RIN 1125-AB37
AGENCY:
Executive Office for Immigration Review, Department of Justice.
ACTION:
Interim final rule; extension of comment period.
SUMMARY:
On February 6, 2026, the Executive Office for Immigration Review (“EOIR”) published in the Federal Register the interim final rule (“IFR”) “Appellate Procedures for the Board of Immigration Appeals” with comments originally due March 9, 2026. This document extends the deadline for written comments to April 8, 2026.
DATES:
The comment period for the IFR published February 6, 2026, at 91 FR 5267, is extended. Comments must be received by EOIR no later than April 8, 2026.
ADDRESSES:
If you wish to provide comments regarding this rulemaking, you must submit your comments, identified by the agency name and reference RIN 1125-AB37 or EOIR Docket No. EOIR-26-AB37, by one of the two methods below.
Federal eRulemaking Portal: https://www.regulations.gov. Follow the website instructions for submitting comments.
Mail: Paper comments that duplicate an electronic submission are unnecessary. If you wish to submit a paper comment in lieu of electronic submission, please direct the mail/shipment to: Jamee E. Comans, Acting Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041. To ensure proper handling, please reference the agency name and RIN 1125-AB37 or EOIR Docket No. EOIR-26-AB37 on your correspondence. Mailed items must be postmarked or otherwise indicate a shipping date on or before the submission deadline.
A summary of this rule may be found in the docket for this rulemaking at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jamee E. Comans, Acting Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041; telephone (703) 305-0289.
SUPPLEMENTARY INFORMATION:
On February 6, 2026, EOIR published in the Federal Register the IFR titled “Appellate Procedures for the Board of Immigration Appeals”, 91 FR 5267, which amended Department of Justice regulations to streamline administrative appellate review by the Board of Immigration Appeals (“Board”) 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 IFR made various technical and non-substantive changes to the Department's regulations.
As explained in the IFR, it is exempt from the Administrative Procedure Act's notice-and-comment requirements. See91 FR 5274-75. However, in response to a request from a group of interested organizations, and to allow for commenters to have additional time to review and submit comments, the EOIR Director, by authority delegated to him by Attorney General Order Number 6260-2025, is extending the comment period for this rule (RIN 1125-AB37) by 30 days.
Daren K. Margolin,
Director, Executive Office for Immigration Review, Department of Justice.
[FR Doc. 2026-03932 Filed 2-26-26; 8:45 am]
BILLING CODE 4410-30-P
Original title: Appellate Procedures for the Board of Immigration Appeals; Extension of Comment Period
Read the official source ↗ Archived copy (if the original is removed)
Ask how this affects your case
Read the official source ↗ Archived copy (if the original is removed)
This summary was produced with AI from the official announcement. Only the official source is authoritative.