changes are coming to the immigration appeals process this spring, and anyone with a pending or upcoming case should understand how these updates may affect their timeline, options, and likelihood of success. A new rule published in the Federal Register takes effect on March 9, 2026, and it significantly restructures how the Board of Immigration Appeals (BIA) reviews cases.

What’s Changing?

While every case is unique, the new rule—issued by the Department of Justice (DOJ) and Executive Office for Immigration Review (EOIR)—introduces several major procedural changes:

• Appeals must be filed within 10 days. The deadline drops from 30 days to just 10. Only certain asylum-related appeals keep the 30‑day window.
• Appeals will be automatically dismissed unless the BIA votes to review them. Cases not selected for review within 15 days will receive a summary dismissal.
• New, shorter briefing schedule. If a case is selected for full review, both sides must file briefs in a single 20‑day simultaneous briefing period. No reply briefs and almost no extensions.
• Changes across multiple regulations. Updates affect 8 CFR Parts 1003, 1208, and 1240, including rules for motions, record review, and judge authority.
• Terminology update. The rule replaces “noncitizen” with “alien” in BIA procedures.

How This May Affect Your Case

The appeals process has always been strict, but these new rules create even tighter deadlines and heightened risks. Missing a filing window—even unintentionally—can lead to an automatic dismissal. Preparing early, filing correctly, and submitting a complete record from the start will now be more important than ever.

These changes impact people pursuing:

• Asylum or other humanitarian relief
• Removal defense or bond hearings
• Family-based or employment-based immigration appeals
• AAO and immigration court motions

Is There an Injunction Blocking the Rule?

As of February 11, 2026, there is no injunction stopping or delaying this rule. No court has issued a stay, and no active litigation has paused the March 9 implementation date. Advocacy groups may still challenge the rule, but at this moment, nothing prevents it from going into effect.

We’re Here to Help You Navigate the Changes

At ATR Law Group, we understand how stressful the appeals process can be—especially with major rule changes like these. Our team helps clients nationwide with BIA appeals, AAO appeals, and immigration court motions. We focus on protecting your rights, preserving your options, and building the strongest record possible under these new requirements.

If you’re considering an appeal or currently have a case pending, now is the time to get clarity. We’re here to answer your questions, review your options, and help you prepare for the upcoming rule changes.

Call us at (602) 702-0981 or visit ATRLawGroup.com to schedule a consultation.