BIA Practice Manual ch. 3.7

(b) Processing

If a brief arrives at the Board and is timely, the brief is added to the record of proceedings and considered in the course of the adjudication of the appeal.  If a brief arrives at the Board and is untimely, the brief is rejected and returned to the sender.  See Chapter 2.1(c)(1) (Meaning of “rejected”).  The Board may reject a brief as untimely at any time prior to the final adjudication of the appeal.

The Board does not issue receipts for briefs.  If a party wishes to confirm the Board’s receipt of a brief, the party should call the Automated Case Information Hotline for that information or, in the alternative, contact the Clerk’s Office.  See Part I, Chapter 1.5(c) (Telephone calls), Appendix A (Directory).  If a party wishes to document the Board’s receipt of a brief, the party should either (i) save proof of delivery (such as a courier’s delivery confirmation or a return receipt from the U.S. Postal Service) or (ii) request a conformed copy.  See Chapter 2.1(d)(3) (Conformed copies).

(c) Extensions

The Board has the authority to set briefing deadlines and to extend them.  The filing of an extension request does not automatically extend the filing deadline, nor can the filing party assume that a request will be granted.  Until such time as the Board affirmatively grants an extension request, the existing deadline stands.  If an extension request is denied, a motion to reconsider such denial will not be considered by the Board. 

    (1) Policy - In the interest of fairness and the efficient use of administrative resources, extension requests are not favored; thus, they will not be granted as a matter of course.  A briefing deadline must be met unless the Board expressly extends it.  There is no automatic entitlement to an extension of the briefing schedule by either party.  

      (A) Appeals of Immigration Judges’ decisions issued before March 9, 2026

        (i) Non-detained cases - If a briefing extension is granted, the Board’s policy is to grant an additional 21 days to file a brief regardless of the amount of time requested.  The 21 days are added to the original filing deadline. Extensions are not calculated from the date the request was made or the date the briefing notice was received.  It is also the Board’s policy not to grant second briefing extension requests.  

       (ii) Detained cases - If a briefing extension is granted, the Board’s policy is to grant an additional 21 days to file a brief regardless of the amount of time requested.  The 21 days are added to the original filing deadline and apply to both parties.  Extensions are not calculated from the date the request was made or the date the briefing notice was received.  It is also the Board’s policy not to grant second briefing extension requests.  

      (B) Appeals of Immigration Judges’ decisions issued on or after March 9, 2026

The Board will not grant an extension of the briefing schedule for either detained or non-detained cases except, as a matter of discretion, in exceptional circumstances as defined by section 240(e)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(e)(1).  Workload concerns, travel plans, or similar concerns within the control of either party, or their representatives, do not constitute exceptional circumstances.  8 C.F.R. § 1003.3(c)(1) (2026). 

If a briefing extension is granted, the Board’s policy is to grant an additional 20 days to file a brief regardless of the amount of time requested.  The 20 days are added to the original filing deadline and apply to both parties.  Extensions are not calculated from the date the request was made or the date the briefing notice was received.  It is also the Board’s policy not to grant second briefing extension requests.  

      (2) Request deadline - Extension requests must be received by the Board by the brief’s original due date; however, requests filed the same day as a brief is due are particularly disfavored and granted only in the most compelling of circumstances.  Extension requests received after the due date will not be granted.

The timely filing of an extension request does not relieve the requesting party of the obligation to meet the filing deadline.  Until the extension request is affirmatively granted by the Board, the original deadline remains in effect.

      (3) Duty to avoid delay - All parties have an ethical obligation to avoid delay.  The Board’s deadlines are designed to provide ample opportunity for filing, and a conscientious party should be able to meet these deadlines.

      (4) Contents - Extension requests should be labeled “BRIEFING EXTENSION REQUEST” and be captioned accordingly.  See Appendix D (Cover Pages).  An extension request should indicate clearly:

• when the brief is due

• the reason for requesting an extension

• a representation that the party has exercised due diligence to meet the current deadline

• that the party will meet a revised deadline

• Proof of Service upon the other party

(d) Untimely Briefs

If a party wishes the Board to consider a brief despite its untimeliness, the brief must be accompanied by a “MOTION TO ACCEPT LATE-FILED BRIEF” and comply generally with the rules and procedures for motions and filings.  See Chapter 2 (Filing with the Board), Chapter 4.2 (Filing a Motion).  If the motion is filed without the brief, the motion will be rejected.  See Chapter 2.1(c)(1) (Meaning of “rejected”). The motion to accept the late-filed brief and the brief should be separate documents but should be submitted together.  If e-filed, the motion should be uploaded under the document category "Motion to Accept an Untimely Brief" and the brief should be uploaded under the document category "Legal Brief."   

The Board has the discretion to consider a late-filed brief.  Motions to accept a late-filed brief are not favored.  If no request to extend the briefing schedule has been previously made, such motion to accept late-filed brief will only be granted upon the showing of good cause for failing to meet the briefing deadline.  In all other cases, the moving party must demonstrate extraordinary circumstances (e.g., death, serious illness, natural or manmade disaster) to warrant a favorable exercise of discretion.  A motion to accept late-filed brief should set forth in detail the reasons for the untimeliness, and the motion should be supported by affidavits, declarations, or other evidence.  If the motion is granted, the motion and brief are incorporated into the record, and the brief is considered by the Board.  If the motion is denied, the motion is retained as part of the record, but the brief is removed without consideration.  In either case, the parties are notified of the Board’s decision on the motion.