Updates to the Immigration Court and BIA Practice Manuals

Last Updated

September 26, 2022
Effective Aug. 26, 2022, the Executive Office for Immigration Review, or EOIR, updated the Immigration Court and Board of Immigration Appeals Practice Manuals. Of note, in non-detained cases the manual sets a default filing deadline of at least 15 days prior to the individual hearing. See § 3.1(b)(2). Filing deadlines for detained respondents are still to be set by the individual court or judge. The Board of Immigration Appeals, or BIA, increased the page limit for briefs to 50 pages and eliminated the page limit for motions. See § 4.6(b)). Because of this, motions to extend the page limit will not be granted without a showing of “extraordinary and compelling circumstances.” See § 3.3(c)(3). The Board reiterated that extensions of the deadline to file a brief are not automatic or favored. However, it is “the policy to grant one briefing extension per party, if requested in a timely fashion.” See § 4.7(c). The Board will continue to grant one 21-day extension, regardless of the amount of time requested. It also continues to be the Board’s policy not to grant second extensions requests. The BIA manual now clarifies that second extensions may only be granted in “extraordinary circumstances not foreseeable at the time the first request was made (e.g., death, serious illness, natural or manmade disaster).”