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HIAS' Public Comment Opposing Proposed Rules on Appellate Procedures and Decisional Finality in Immigration Proceedings

The U.S. Department of Justice proposed a rule on Aug. 26 that would strip important due process rights from noncitizens before the immigration court and Board of Immigration Appeals, or BIA. The proposed rule would dramatically reshape the immigration court system by restricting the ability of immigrants to mount an effective appeal, stripping them of second chances.

HIAS opposes the rule in its entirety because it would “dramatically alter the BIA appellate process, would prevent many noncitizens with immediate relatives or asylum eligibility from seeking to have their cases reopened, and would prevent the BIA and immigration judges from administratively closing cases, thereby foreclosing avenues of relief for noncitizens and adding to the Executive Office for Immigration Review’s backlog.”

The proposal is not final and was only allowed a 30-day review and public comment process. 

Click here for HIAS’ public comment.