Most immigration law changes are written by Congress or by agencies. A good deal of it, though, comes from decisions in individual cases.
The Board of Immigration Appeals is the highest administrative body that interprets immigration law. Some of its decisions become precedents that every immigration judge must follow.
How a precedent is made
The Board decides thousands of appeals a year, mostly in unpublished decisions that apply only to that case. A small number are designated for publication as precedent.
Published decisions bind immigration judges and DHS officers in all proceedings that raise the same issue, unless the Attorney General or a federal court changes them.
Who can change one
- The Attorney General can review a Board decision and issue a new precedent, which then controls.
- A federal court of appeals can reject a Board interpretation for cases within its circuit.
- Congress can change the statute the decision interpreted.
Because federal circuits sometimes disagree, the same question can have different answers in New York and in another state. Where a case is heard can matter.
Why a pending case may be affected
A new precedent usually applies to cases still pending when it issues, including appeals. It can open a defense that was not available or close one that was.
Deadlines do not wait for the law to settle. An appeal to the Board is generally due within 30 days of the judge’s decision, and a petition for review to a federal court within 30 days of a final removal order. See Removal defense and enforcement.
Sources
- Executive Office for Immigration Review, Board of Immigration Appeals
- Executive Office for Immigration Review, Attorney General and BIA Precedent Decisions
Published March 24, 2026.