In the last year, the Board of Immigration Appeals (BIA) has issued an unusually high number of precedent decisions from interlocutory appeals by the Department of Homeland Security (DHS). Advocates may be wondering if they, too, should file an interlocutory appeal in a certain case, especially in light of the rise of Immigration Judge (IJ) orders pretermitting asylum cases without a full hearing, and the rise of denials of termination, administrative closure, and continuances for noncitizens with pending USCIS applications.
This advisory answers questions advocates may have about interlocutory appeals as they are being handled by the BIA in 2026.
