Rule2026-03932

Appellate Procedures for the Board of Immigration Appeals; Extension of Comment Period

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
February 27, 2026

Issuing agencies

Justice DepartmentExecutive Office for Immigration Review

Abstract

On February 6, 2026, the Executive Office for Immigration Review ("EOIR") published in the Federal Register the interim final rule ("IFR") "Appellate Procedures for the Board of Immigration Appeals" with comments originally due March 9, 2026. This document extends the deadline for written comments to April 8, 2026.

Full Text

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<title>Federal Register, Volume 91 Issue 39 (Friday, February 27, 2026)</title>
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[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Rules and Regulations]
[Page 9705]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03932]


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DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

8 CFR Parts 1003, 1208, and 1240

[Docket No. EOIR-26-AB37; Dir. Order No. 03-2026]
RIN 1125-AB37


Appellate Procedures for the Board of Immigration Appeals; 
Extension of Comment Period

AGENCY: Executive Office for Immigration Review, Department of Justice.

ACTION: Interim final rule; extension of comment period.

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SUMMARY: On February 6, 2026, the Executive Office for Immigration 
Review (``EOIR'') published in the Federal Register the interim final 
rule (``IFR'') ``Appellate Procedures for the Board of Immigration 
Appeals'' with comments originally due March 9, 2026. This document 
extends the deadline for written comments to April 8, 2026.

DATES: The comment period for the IFR published February 6, 2026, at 91 
FR 5267, is extended. Comments must be received by EOIR no later than 
April 8, 2026.

ADDRESSES: If you wish to provide comments regarding this rulemaking, 
you must submit your comments, identified by the agency name and 
reference RIN 1125-AB37 or EOIR Docket No. EOIR-26-AB37, by one of the 
two methods below.
    <bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Follow the website instructions for submitting comments.
    <bullet> Mail: Paper comments that duplicate an electronic 
submission are unnecessary. If you wish to submit a paper comment in 
lieu of electronic submission, please direct the mail/shipment to: 
Jamee E. Comans, Acting Assistant Director, Office of Policy, Executive 
Office for Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls 
Church, VA 22041. To ensure proper handling, please reference the 
agency name and RIN 1125-AB37 or EOIR Docket No. EOIR-26-AB37 on your 
correspondence. Mailed items must be postmarked or otherwise indicate a 
shipping date on or before the submission deadline.
    A summary of this rule may be found in the docket for this 
rulemaking at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Jamee E. Comans, Acting Assistant 
Director, Office of Policy, Executive Office for Immigration Review, 
5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041; telephone (703) 
305-0289.

SUPPLEMENTARY INFORMATION: On February 6, 2026, EOIR published in the 
Federal Register the IFR titled ``Appellate Procedures for the Board of 
Immigration Appeals'', 91 FR 5267, which amended Department of Justice 
regulations to streamline administrative appellate review by the Board 
of Immigration Appeals (``Board'') of decisions by Immigration Judges 
by making review of such decisions on the merits discretionary, by 
setting appropriate times for briefing in cases that are reviewed on 
the merits, and by streamlining other aspects of the appellate process 
to ensure timely adjudications and avoid adding to the already sizeable 
backlog at the Board. Additionally, the IFR made various technical and 
non-substantive changes to the Department's regulations.
    As explained in the IFR, it is exempt from the Administrative 
Procedure Act's notice-and-comment requirements. See 91 FR 5274-75. 
However, in response to a request from a group of interested 
organizations, and to allow for commenters to have additional time to 
review and submit comments, the EOIR Director, by authority delegated 
to him by Attorney General Order Number 6260-2025, is extending the 
comment period for this rule (RIN 1125-AB37) by 30 days.

Daren K. Margolin,
Director, Executive Office for Immigration Review, Department of 
Justice.
[FR Doc. 2026-03932 Filed 2-26-26; 8:45 am]
BILLING CODE 4410-30-P


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Indexed from Federal Register on February 27, 2026.

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