(a) Nature of interlocutory appeals. – Most appeals are filed after the Immigration Judge issues a final decision in the case. In contrast, an interlocutory appeal asks the Board to review a ruling by the Immigration Judge before the Immigration Judge issues a final decision.
(b) Bond appeals. – Bond appeals should not be confused with interlocutory appeals. There are separate rules for bond appeals. See Chapter 7 (Bond).
(c) Scope of interlocutory appeals. – The Board does not normally entertain interlocutory appeals and generally limits interlocutory appeals to instances involving either important jurisdictional questions regarding the administration of the immigration laws or recurring questions in the handling of cases by Immigration Judges. See Matter of K-, 20 I&N Dec. 418 (BIA 1991).
(d) Filing an interlocutory appeal. – Interlocutory appeals should be timely filed on a Notice of Appeal (Form EOIR-26). Next to the words “What decision are you appealing?” in box 5, type or write in the words “INTERLOCUTORY APPEAL.” Do not check any of the three options in box 5. The appeal must indicate the date of the Immigration Judge’s decision, the precise nature and disposition of that decision, and the precise issue being appealed. If the interlocutory appeal is based upon a written decision, a copy of that decision should be included with the appeal.
(e) Briefing. – The Board does not normally issue briefing schedules for interlocutory appeals. If an appealing party wishes to file a brief, the brief should accompany the Notice of Appeal or be promptly submitted after the Notice of Appeal is filed. If an opposing party wishes to file a brief, the brief should be filed as soon as possible after the appeal is filed. The Board will not, however, suspend or delay adjudication of an interlocutory appeal in anticipation of, or in response to, the filing of a brief. 4.14 BIA Manual Revised 7/27/15
