The Board of Immigration Appeals (BIA) recently introduced a potential extension of the deportation appeal deadline in certain circumstances. Presently, individuals are required to submit their appeals within 30 days of receiving their deportation orders, as enforced by the BIA. However, the BIA has decided to overturn this policy, allowing for the possibility of an extended deadline. While the extension option is now available, it is not guaranteed, and each case will be assessed individually.

The 30-day appeal deadline, established in 2006, is considered a claims-processing rule rather than a jurisdictional one. As a result, strict enforcement of this deadline is not legally mandated, giving the BIA discretion to consider late appeals. Nevertheless, individuals seeking an extension beyond the 30-day period must demonstrate that they actively pursued their rights and were prevented from filing their appeal due to an “extraordinary circumstance.” Both elements must be proven for the 30-day appeal deadline to be considered.

If you require assistance regarding deportation orders and extraordinary cases, please don’t hesitate to reach out to ILBSG. Our team provides clients with the necessary guidance and advice tailored to their specific situations.