A federal judge blocked the Department of Justice’s (DOJ) new rule giving the Board of Immigration Appeals (BIA) the power to dismiss appeals cases automatically. The ruling blocks a major aspect of the DOJ’s plan to expedite immigration removals. The block came a day before the DOJ’s rule would go into effect.

Rule Details

The DOJ finalized an interim rule replacing the mandatory appeals process with a discretionary one. This means the BIA could choose which cases to review, rather than having to look over every single one. The government explained the new rule to shorten wait times and let the BIA focus on immigration appeals that invoked complex legal questions.

Court Block

The judge explained that the proposed DOJ rule guts basic due process protections. Additionally, the judge explained that the rule was rushed into implementation without a public comment period. While individuals can still file appeals in federal court, the judge explained such appeals are far more time-consuming and costly than those filed with the BIA.

Furthermore, the judge explained the new rule makes dismissal the default for most immigration appeals unless most of the board agrees to review the case. The rule also shortens the deadline to appeal an immigration judge’s decision from thirty days to just ten. This reduces the time immigrants have for gathering documents, securing legal representation and submitting filing fees.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.