CLIENT UPDATE: NEW EOIR GUIDELINES ON SCHEDULING APPEALS AND MOTIONS
WHAT IS HAPPENING
The Executive Office for Immigration Review (EOIR) has released a new internal memorandum outlining updated procedures for how the Board of Immigration Appeals (BIA) will schedule and manage appeals and motions.
This guidance helps clarify what parties can expect when filing appeals, motions to reopen, or other filings before the BIA. It also aims to make the scheduling process more transparent and consistent.
While this memo is mainly for EOIR staff, it offers helpful insights for attorneys, applicants, and sponsors involved in BIA cases.
KEY POINTS FROM THE MEMO
- Assignment of Deadlines
- For most cases, the Clerk’s Office will now assign deadlines based on the date a notice of appeal, motion, or remand is received.
- If a filing is defective (such as missing a signature or the filing fee), deadlines will be paused until the issue is fixed.
- Extensions
- One extension of up to 21 days will be granted automatically if requested before the deadline and with good cause.
- Additional extensions will only be granted in rare situations. EOIR will consider factors like:
? Whether the party had control over the delay
? Impact on case completion timelines
? Whether a prior extension was already given
- Streamlining Cases
- EOIR emphasized quicker processing in cases that do not involve oral arguments or complex issues.
- This includes summary dismissals and other motions that can be resolved without full briefing.
- Briefing Schedules
- Briefing timelines will generally remain as they are: the appellant has 21 days, and the government has 21 days after that.
- The new memo encourages parties to raise all arguments in the initial brief, since reply briefs are not always allowed.
- Remands
- In cases remanded back to the Board by a federal court, scheduling will resume as soon as the court’s order is received, unless the case is being held for a related matter.
WHY THIS MATTERS
Many clients and attorneys face uncertainty when dealing with the BIA. These updates help bring more predictability to the timeline and reduce delays caused by procedural missteps.
Here are the biggest takeaways for clients:
- If you or your attorney files an appeal, make sure everything is correct and complete. Fixing mistakes could delay your case.
- Extensions are limited. Be proactive about gathering evidence and preparing legal arguments early.
- If your case is remanded from federal court, expect it to resume quickly unless EOIR is waiting on another related decision.
ADDITIONAL CONTEXT
This memo comes as part of a broader effort by EOIR to improve case management and reduce backlogs at the BIA. As of 2025, the BIA has faced increased pressure to resolve appeals faster and cut down on administrative delays.
According to EOIR’s latest statistics:
- The BIA receives tens of thousands of appeals and motions each year.
- A significant portion of these cases involve detained individuals or complex immigration relief claims.
Clearer rules about scheduling and extensions can help avoid unnecessary delays and protect the rights of individuals in removal proceedings.
SUMMARY
- EOIR has issued updated internal procedures for how the BIA will schedule appeals and motions.
- Deadlines will now be tied more directly to the date filings are received.
- Only one extension is automatically allowed, and additional requests must meet stricter criteria.
- Briefing timelines and expectations have been reaffirmed.
- These changes aim to streamline BIA operations and improve consistency.
WHAT CLIENTS SHOULD DO
- Work closely with your attorney to ensure filings are submitted on time and without errors.
- Do not rely on extensions unless absolutely necessary.
- Stay informed about your appeal or motion, and be ready to act quickly if your case is scheduled or remanded.
