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Comment Filed: BIA Rule on Appellate Procedures and Administrative Closure

On September 8, 2023, EOIR published a Notice of Proposed Rulemaking that largely rescinds a deeply problematic 2020 rule that eviscerated due process protections for noncitizens in the appellate process. The 2020 Rule was enjoined in federal litigation in which Tahirih was a party. This new Proposed Rule reverses the harmful 2020 Rule and clarifies the availability of administrative closure and termination for certain noncitizens. Tahirih welcomes this Proposed Rule and urges its prompt finalization in order to promote clarity for immigration advocates and due process for noncitizens in removal.

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