EOIR PM 26-05

OOD PM 26-05 Effective: May 29, 2026 To: All of EOIR From: Daren K. Margolin, Director Date: May 29, 2026 CANCELLATION OF MEMORANDA PURPOSE: To cancel outdated or otherwise unnecessary memoranda OWNER: Office of the Director AUTHORITY: 8 C.F.R. § 1003.0(b) CANCELLATION: Policy Memoranda 21-17, 21-19, 21-20, 21-21, and 21-22 EOIR is cancelling and rescinding the following Policy Memoranda (PM): PM 21-17, Cancellation of Policy Memorandum 21-05 PM 21-19, Cancellation of Policy Memoranda 19-02 and 19-03 PM 21-20, Cancellation of Policy Memorandum 19-12 PM 21-21, Cancellation of Policy Memorandum 20-04 PM 21-22, Cancellation of Policy Memorandum 21-09 These PM cancelled prior PM generally dealing with either then-new regulatory authorities or EOIR’s case flow processing model. Due to intervening legal events, litigation developments, and policy changes, maintaining them as separate PM is unnecessary and potentially confusing. Moreover, several of them were rooted in an Executive Order that was revoked in 2025. Accordingly, there is no reason to retain them, and they are revoked and rescinded.

The cancellation and rescission of these PM does not reinstate any of the earlier PM, and those earlier PM remain rescinded and cancelled. Similarly, the cancellation and rescission of these PM has no effect on any ongoing litigation related to any of the earlier PM or the underlying legal authority for those PM. This PM is not intended to, does not, and may not be relied upon to create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Nothing herein should be construed as mandating a particular outcome in any specific case.

Nothing in this PM limits an adjudicator’s independent judgment and discretion in adjudicating cases or an adjudicator’s authority under applicable law. Please contact your supervisor if you have any questions.