DOJ issues interim rule to speed up BIA appeals of immigration judge decisions

The U.S. Department of Justice (DOJ) has published an interim final rule (IFR) that updates DOJ regulations for appeals handled by the Board of Immigration Appeals (BIA). The BIA reviews decisions made by Immigration Judges (IJs), and the rule is designed to make that review faster and more consistent.

According to the rule, DOJ wants to streamline the appellate process so cases are decided more quickly and the BIA backlog does not grow. The IFR also includes “technical and non-substantive” regulatory changes, which typically means changes that are meant to clarify procedures rather than change immigration law itself.

A key change described in the summary is that review of IJ decisions on the merits will be “discretionary.” The rule also says it will set appropriate times for briefing in cases where the BIA reviews on the merits.

For the official details, see the Federal Register notice here: https://www.federalregister.gov/documents/2026/02/06/2026-02326/appellate-procedures-for-the-board-of-immigration-appeals. This is not legal advice—if you’re affected, you may want to review the rule and talk with a qualified immigration attorney or accredited representative.