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Objection Letter to New BIA Extension Policy by CLINIC, AILF, CAIR, and NIP

Cite as "AILA InfoNet Doc. No. 06072711 (posted Jul. 25, 2006)"

On Friday July 14, 2006, DOJ published a notice in the Federal Register about changes to briefing extensions for detained persons with cases before the BIA. Effective August 14, 2006, the BIA is reducing the time period granted for a briefing extension from 21 to 15 days. In addition, now only one extension will be granted per case, as opposed to one per party.

The notice also is available on AILA’s Infonet at Doc. # 06071462, posted July 14, 2006.

Molly McKenna at CLINIC asked EOIR to clarify whether the BIA intended to start applying the 15 day extension rule on detained cases to extension requests filed on or after 8/14/06 or to extension requests adjudicated on or after 8/14/06. EOIR responded that the new 15 day extensions for detained cases will apply to requests filed on or after August 14, not to all requests pending on that date.

CLINIC and its NGO partners -- that is, AILF, the CAIR Coalition and the National Immigration Project - are submitting the attached letter objecting to this new policy. We encourage others to send letters as well. Feel free to use this letter as a guide but amend this letter as you see fit. There is no official comment period but we hope the BIA will reconsider this policy before the announced effective date of August 14.