Less Time for Appeals Before the BIA: Deadline Reduced to 10 Days.

2 days ago
4 min read

The United States Department of Justice has announced very important and urgent changes in the way (immigration) appeals are handled before the BIA. If you or a family member have a case in court, it is vital that you pay attention, because the timeframes to defend yourself have been drastically reduced.

This new "interim final rule" directly affects the Board of Immigration Appeals (BIA), which is the tribunal responsible for reviewing decisions made by immigration judges. The government's goal is to make the system faster and reduce the backlog of cases, but this means that you will have to act much more quickly.

Here we explain simply what the 3 most dangerous changes are and what they mean for your future in the country.

1. The Most Urgent Change: From 30 Days to Only 10 Days

Until recently, if an immigration judge denied your case and ordered your deportation, you had 30 days to send an appeal to the Board of Immigration Appeals - BIA. That month gave you time to find a lawyer and prepare the paperwork.

With the new rule, that time is reduced to only 10 days.

¿What does this mean? That from the moment the judge makes the decision, you have little more than a week to file your appeal.
The exception: The rule mentions that there are exceptions for some asylum cases, but for the vast majority, the clock will tick very fast.
Consequence: If you miss the 10-day deadline, you lose your right to appeal.

2. The BIA Will Not Review All Cases (Discretionary Review)

Previously, the Board of Appeals used to review most of the cases that came into its hands. Now, the new rule makes this review "discretionary."

¿What does "discretionary" mean? It means that the Board of Immigration Appeals - BIA has the power to decide whether it wants to review your case in depth or not. They are not obligated to look at all the details of every appeal.
Rapid denial: If the majority of BIA members decide not to review your case, they can issue a "default" (automatic) denial very quickly, within 15 days following the filing.

This seeks to "clean up" the system of backlogged cases, but it makes it harder to get your case heard in detail in a second instance.

3. Other Important Changes in the Law

In addition to the timeframes, the rule adjusts other administrative details that you and your lawyer should know:

Time extensions: Permissions to submit documents late will only be granted if "exceptional circumstances" (very serious and provable reasons) exist.
Legal Briefs: New timeframes are established for presenting the written arguments of your case.
Word Change: In legal documents, the government will revert to using the term "alien" instead of "non-citizen." Although it is just a change of words, it reflects the administration's official stance.

¿Why Are They Making These Changes?

The government explains that the immigration system is collapsed with thousands of pending cases. This rule is designed to:

Accelerate procedures.
Reduce the backlog at the Board of Immigration Appeals - BIA.
Make deportations or final decisions happen faster.

SOURCE: https://public-inspection.federalregister.gov/2026-02326.pdf

Frequently Asked Questions (FAQ)

1. When does this 10-day rule start applying?

This is an "interim final rule," which means it goes into effect almost immediately upon publication in the Federal Register. If you have an active case, assume the 10-day deadline already applies and contact your attorney today.

2. What happens if I don't file my appeal within 10 days?

If you do not file the appeal on time, the immigration judge's decision (which is usually the deportation order) becomes final. It is very difficult to fix a case if these deadlines are missed.

3. Can I ask for more time if I can't find an attorney?

The new rule is strict. They only allow extensions for "exceptional circumstances." Not finding an attorney or not having money quickly generally counts as an exceptional circumstance under these new standards.

4. Who does this affect?

It affects anyone who is in deportation proceedings in Immigration Court and wants to appeal a negative decision from the judge to the BIA.

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