The regulation, released on February 6, 2026, makes appellate review discretionary and shortens timelines in an effort to tackle the BIA’s longstanding backlog. The rule officially goes into effect on March 9, 2026.
All asylum cases that were put on hold may be released after March 9, and under the new policy, it may become easier for them to disqualify the petition.
As you can see, all U.S. Courts of Appeals are rejecting review or denying BIA asylum decisions at a very high rate. Of course, with the new policy for appealing asylum cases to the BIA taking effect on March 9, many asylum cases may be disqualified from review at the lower level due to very strict qualification criteria.
If your asylum case is denied, that may be the end. It may be useless to appeal at any level.
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