March 24, 2026
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13:15Now PlayingAttorneys Brian Kabateck and Shant Karnikian break down Judge Randolph Moss's 73-page ruling blocking the Trump administration's overhaul of the immigration appeals system — issued hours before the new rules were set to take effect. The DOJ's interim final rule would have slashed the deadline to file a deportation appeal from 30 days to 10, required appellants to raise every issue in the initial notice or waive it forever, and made automatic summary dismissal the default outcome unless a majority of Board of Immigration Appeals members voted within 10 days to hear the case. With 400 daily appeals and no right to a transcript, the system was designed so virtually every appeal would be dismissed before it started. The judge didn't even need to reach the constitutional issues — he blocked it on purely procedural grounds under the Administrative Procedure Act because the DOJ skipped the required public notice and comment period. His reasoning: "Issues that are so fundamental to the rights of tens of thousands of individuals ought to be considered and addressed before — rather than after — a rule takes effect." The administration hasn't appealed, suggesting they may have to go back and actually follow the process.
Kabateck LLPCall 184474CIVIL for a free case evaluation or visit us at
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