August 17, 2026

BIA Overrules Flexible Right-to-Counsel Extensions: Why Hiring an Immigration Attorney Immediately Is More Critical Than Ever

By Wendy R. Barlow, Esq. | Partner at Cohen, Tucker + Ades Specializing in Complex Immigration Matters

In Matter of A-K-R-, 29 I&N Dec. 839 (BIA 2026), the Board of Immigration Appeals (BIA) issued a precedent decision that significantly narrows timeframes for noncitizens in removal proceedings.

The ruling limits the period courts are required to grant respondents to find legal counsel. If you or a loved one are facing removal, waiting to retain an attorney can result in losing the right to apply for relief and receiving an immediate deportation order.

What Changed in Matter of A-K-R-?

The BIA formally departed from its 2012 decision in Matter of C-B-, which previously instructed immigration judges to allow a “reasonable and realistic” amount of time for noncitizens to secure an attorney.

Under the updated standard in Matter of A-K-R-:

  • The 10-Day Minimum Rule: The court established that the only statutory requirement necessary to safeguard the right to legal counsel is scheduling the first hearing at least 10 days after serving the Notice to Appear (NTA).

  • No Automatic Continuances: Immigration judges are no longer obligated to grant additional extensions to allow a respondent extra time to search for representation.

  • Strict “Good Cause” Standard: Continuances remain purely at the judge’s discretion. If you appear without representation after the initial period, the judge may force you to proceed pro se or enter a removal order.

Shift in Removal Proceedings Standards

Key Factor Previous Standard (Matter of C-B-) Updated Rule (Matter of A-K-R-)
Time to Secure Counsel

Judges granted extensions to ensure respondents had a fair, realistic window to retain a lawyer.

Only 10 days between NTA service and the initial hearing are legally required.
Unrepresented Appearances

Extensions were routinely provided for respondents struggling to find counsel or compile forms.

Judges may deem claims abandoned and issue a removal order on the spot.

Why You Must Consult Cohen, Tucker + Ades Immediately

  1. Deadlines Are Final: In Matter of A-K-R-, the respondent lost his chance to apply for asylum and withholding of removal simply because he missed the submission deadline, directly resulting in an order of deportation.

  2. Pro Se Excuses Are Not Accepted: The BIA clarified that lack of legal education, limited financial resources, or difficulty gathering documents while detained do not automatically constitute “good cause” for an extension.

  3. Immediate Representation Is Critical: The court will not pause proceedings to give you extra time to interview lawyers. Having an experienced attorney before your first hearing is vital to safeguarding your rights.

At Cohen, Tucker + Ades, P.C., our deportation defense team understands the strict procedural timelines enforced by the Immigration Court. Delaying legal assistance under this new precedent carries real risks.

Contact Cohen, Tucker + Ades, P.C. today to schedule a confidential consultation with an experienced NYC immigration attorney.

About the Author

Wendy R. Barlow, Esq. is a Partner at Cohen, Tucker + Ades, P.C. with nearly 20 years of experience in high-stakes immigration litigation. A graduate of the Maurice A. Deane School of Law at Hofstra University, Wendy is admitted to practice in New York and New Jersey as well as before the U.S. Supreme Court and multiple Federal Circuit Courts. Wendy is recognized for her ability to handle cases that many consider insurmountable.

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

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