In February 2026, the U.S. Department of Justice published an Interim Final Rule (IFR), entitled “Appellate Procedures for the Board of Immigration Appeals.” The IFR made sweeping procedural changes to Executive Office for Immigration Review regulations that relate to appeals filed before the Board of Immigration Appeals. The rule’s effective date was March 9, 2026. Fortunately, several provisions of the IFR are not currently in effect due to a court order finding them legally invalid and partially granting Plaintiffs’ motion for summary judgment. But other provisions of the IFR are currently in effect.
This advisory seeks to clarify which provisions of the new rules are currently in effect, and which are not. It also contains practice tips for legal advocates grappling with these sweeping procedural changes in an environment of other drastic and rapid announcements by immigration agencies.