National Immigration Project Submits Comments Opposing the Reduction in Number (and Firing) of BIA Members

The National Immigration Project submitted comments opposing an Executive Office for Immigration Review (EOIR) Interim Final Rule decreasing the number of Board of Immigration Appeals (BIA) members from 28 to 15. The National Immigration Project commented that this rule is a post hoc rationalization for EOIR firing all of the BIA judges appointed under the Biden administration. Further, with the extraordinary EOIR backlogs, it is arbitrary and capricious to reduce appellate capacity unless EOIR intends to simply rubber-stamp immigration court outcomes without engaging in reasoned decision-making.