EOIR

Appellate Procedures for Board of Immigration Appeals - Comment Period Extended

The Executive Office for Immigration Review (EOIR) has extended the comment period for its interim final rule on Appellate Procedures for the Board of Immigration Appeals. The original deadline of March 9, 2026, has been extended to April 8, 2026, allowing additional time for public input.

EOIR Interim Final Rule on Electronic Filing for OCAHO Cases

The Executive Office for Immigration Review (EOIR) is issuing an interim final rule to implement electronic filing and records applications for all cases before the Office of the Chief Administrative Hearing Officer (OCAHO). This rule requires certain users to file documents electronically and modifies service of process methods, with an effective date of March 2, 2026.

Immigration Judges Rule Aligns TIJ Requirements with IJ Appointments

The Department of Justice has issued a final rule aligning the requirements for Temporary Immigration Judge (TIJ) appointments with those for permanent Immigration Judges (IJ). This change aims to broaden the pool of qualified candidates for TIJ positions and includes technical amendments to existing regulations. The rule becomes effective on August 28, 2025.

Security Bars Processing Confirmation Rule: Partial Withdrawal and Correction

The Departments of Homeland Security and Justice are partially withdrawing certain amendments from a December 2020 final rule concerning asylum eligibility and credible fear screening. The substantive public health-related provisions of the 2020 rule will still become effective on December 31, 2025, as scheduled.

Immigration Appeals Procedures Interim Rule

The Department of Justice has issued an interim final rule to streamline administrative appellate review by the Board of Immigration Appeals. The rule makes review discretionary on the merits, sets briefing times, and streamlines other aspects of the appellate process. Comments are due by March 9, 2026.

Immigration Appeal Deadline Reminder

The Department of Justice's Executive Office for Immigration Review (EOIR) issued a reminder that the deadline for appealing an Immigration Judge's decision to the Board of Immigration Appeals remains 30 days. This clarifies confusion stemming from a vacated interim final rule that had proposed a 10-day deadline.

DOJ Guidance on Generative AI Use in EOIR Proceedings

The Department of Justice's Executive Office for Immigration Review (EOIR) has issued guidance on the use of generative artificial intelligence (AI) in its proceedings. The guidance addresses the potential benefits and risks, particularly concerning the generation of inaccurate legal citations or arguments.

EOIR Updates Guidance for Dedicated Docket Cases

The Executive Office for Immigration Review (EOIR) has updated its guidance for Dedicated Docket cases, expanding the program nationwide to all immigration courts not exclusively adjudicating detained aliens. The updated policy aims to improve efficiency by setting new adjudication timeframes for immigration judges and appellate judges.

EOIR Adjudicator Independence and Impartiality Policy Memo

The Department of Justice's Executive Office for Immigration Review (EOIR) has issued a new policy memorandum (PM 25-42) updating guidance on the independence and impartiality of its adjudicators. This memo supersedes and replaces PM 21-15, clarifying existing principles and addressing potential confusion arising from subsequent practices.

DOJ Rescinds Asylum Fee Policy Memorandum

The Department of Justice's Executive Office for Immigration Review (EOIR) has rescinded Policy Memorandum 25-36, which implemented new immigration fees. This action follows a court order that temporarily stayed the memorandum, although the underlying statutory fees remain in effect.