On September 22, 2025, the U.S. Court of Appeals for the First Circuit reversed a Board of Appeals (BIA or Board) decision rejecting an allegedly “late-filed” brief using the Board’s e-filing system. Through human or technological error, the brief was accidentally shunted to the immigration court rather than the Board. The BIA encouraged counsel to file a motion to consider a late-filed brief. The attorney did so, explaining the tech mishap.

The BIA disagreed, finding counsel’s reasoning “insufficient” to warrant consideration of the late filing. The agency referred to the e-filing snafu as a “clerk-issued procedural error” and dismissed the appeal. The First Circuit, finding the BIA’s rationale wanting, ruled 8 CFR Section 1003.3(c)(1) gave the BIA discretion to consider briefs filed out of time. The agency abused its discretion by failing to explain how it reached its decision to dismiss.