Immigration appeals (BIA) restructuring

Status: Partially blocked — Amica Center v. EOIR (1:26-cv-00696 (D.D.C.); FR rules 2025-06294 & 2026-02326)

A federal court vacated three core provisions of the 2026 appellate-procedures rule (the default summary-dismissal, the shortened appeal deadline, and the waiver of unraised issues). The separate Board-size reduction stays in effect; the case is stayed pending further agency action.

Next step: Further EOIR action on the appellate-procedures rule after the comment period closed April 8, 2026; district-court proceedings are stayed pending that action (no date set).

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

A federal court vacated three core provisions of the 2026 appellate-procedures rule (the default summary-dismissal, the shortened appeal deadline, and the waiver of unraised issues). The separate Board-size reduction stays in effect; the case is stayed pending further agency action.

Who it affects

Noncitizens in removal proceedings who appeal an immigration judge’s decision to the Board of Immigration Appeals, and the legal-services groups that represent them. The 2025 rule cut the Board to 15 members; the 2026 rule tried to make merits review discretionary and shorten the appeal deadline before a court vacated its core parts.

How it got here

  1. Apr 14, 2025 EOIR interim rule reduces the Board of Immigration Appeals to 15 members (effective on publication).
  2. Feb 6, 2026 EOIR publishes the 'Appellate Procedures' interim rule: discretionary merits review with default summary dismissal, the appeal deadline cut from 30 to 10 days, and unraised issues deemed waived (effective March 9, 2026).
  3. Feb 26, 2026 Six legal-services organizations (Amica Center, Brooklyn Defender Services, Florence Project, HIAS, the American Immigration Council and NIJC) file Amica Center v. EOIR.
  4. Mar 8, 2026 Judge Randolph Moss vacates three provisions of the rule for skipping required notice-and-comment; the appeal deadline returns to 30 days.
  5. Apr 10, 2026 The court stays all proceedings pending the close of the comment period and further agency action.

What to watch next

Further EOIR action on the appellate-procedures rule after the comment period closed April 8, 2026; district-court proceedings are stayed pending that action (no date set).

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.