D.D.C. 1:26-cv-00696
Amica Center for Immigrant Rights, Brooklyn Defender Services, Florence Immigrant & Refugee Rights Project, HIAS, the American Immigration Council, and National Immigrant Justice Center filed a lawsuit and motion for preliminary relief to block a new interim final rule issued by the Executive Office for Immigration Review (EOIR) that would effectively eliminate meaningful appellate review before the Board of Immigration Appeals (BIA).
The lawsuit, filed in the U.S. District Court for the District of Columbia, challenges the February 6, 2026, Interim Final Rule (IFR) titled Appellate Procedures for the Board of Immigration Appeals, which is set to take effect on March 9, 2026.
Update: As of April 10, 2026, the briefing schedule and proceedings before the district court have been stayed pending the conclusion of the notice-and-comment period and further agency action on the interim final rule. This does not impact the court’s prior rulings, including the district court’s decision setting aside portions of the interim final rule.
As detailed in the complaint, the IFR imposes sweeping changes that would eviscerate noncitizens’ right to appeal decisions in their immigration cases, including:
- Reduce the time to file most appeals from 30 days to 10 days;
- Require summary dismissal of appeals unless a majority of permanent BIA members vote within 10 days to accept the case for review;
- Permit dismissal decisions before transcripts are created or records are transmitted;
- Impose simultaneous 20-day briefing schedules with extensions allowed only in narrow “exceptional circumstances”;
- Eliminate reply briefs unless specifically invited; and
- Impose rigid case completion deadlines and concentrate decision-making authority in agency leadership.
Related Documents:
Complaint (February 26, 2026)
Stay Motion (February 26, 2026)
Plaintiff’s motion in support of stay or summary judgement (March 6, 2026)
Court order granting partial summary judgement (March 9, 2026)
Joint stipulation to stay case pending final ruling (April 9, 2026)
Media:
Legal Services Organizations Sue to Block Sweeping Immigration Appeals Rule That Eliminates Meaningful Judicial Review (February 27, 2026)