US Immigration Appeals

EOIR’s 2026 interim final rule on Board of Immigration Appeals practice does not merely accelerate an existing process; it redefines what a “case appeal” is supposed to accomplish. The familiar architecture—file a notice, wait for briefing, and expect the Board to reach the merits in due course—yields to a model built around rapid screening, discretionary merits adjudication, and accelerated termination through summary dismissal.

In Matter of Obaigbena, the BIA held that assertions of counsel are not evidence and that a petitioner must be given reasonable opportunity to respond to notice of intent to deny.

In this article, we examine the analysis in Jennings v. Rodriguez over whether section 242(b)(9) deprives courts of jurisdiction over detention claims in removal proceedings.

Attorney General Jeff Sessions released a DOJ memo requiring DOJ components to follow APA notice-and-comment when making binding rules

The EOIR released a reminder about the Fraud and Abuse Prevention Program. The EOIR’s Fraud and Abuse Prevention Program was created in 2006.

In Matter of E-M-, the INS considered how the preponderance of the evidence standard works in immigration in a legalization case.