The Board of Immigration Appeals (BIA) announced a potential extension for the appeal of deportation orders for qualifying individuals. Currently, BIA enforces a strict 30-day deadline for individuals to submit an appeal following receipt of deportation orders. The BIA overturned this policy. However, individuals must provide proof of specific efforts to receive an extension.

The 30-day appeal deadline policy, set in 2006, is a claims-processing rule, not a jurisdictional rule. As such, deadline enforcement is not legally required. Therefore, the BIA has the option to hear late appeals. It is important to note that this update allows for the extension option but does not guarantee it.

Individuals appealing deportation orders after the 30-day period must demonstrate they were working to pursue their rights but were prevented to file their appeal based on an “extraordinary circumstance.” Individuals must prove both points in order to be considered for the 30-day appeal deadline.

If you have questions about deportation orders and extraordinary cases, contact us at ILBSG. We work with our clients to ensure they get the right advice for their particular situations.

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