Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in upholding due process and ensuring fair hearings for individuals facing deportation. However, since January 20, 2025, the Department of Justice (DOJ) has implemented significant changes that challenge the structural integrity of these courts. This page aims to provide up-to-date information on the policy and legal shifts affecting the U.S. immigration court system.
Latest Updates
Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
INS on Extension of Filing Completion Deadline for NACARA MTR
A 2/8/99 memo from Paul Virtue, General Counsel (INS) announcing that the deadline for supplementing NACARA motions to reopen will be extended to a date 150 days from the effective date of the rule implementing Section 203 of NACARA.
INS Advises on Detention Procedures
A 2/3/99 memo from Michael Pearson, Executive Associate Commissioner (INS) clarifying the authority of District Directors to make release decisions and emphasizing the need to provide a review of administratively final order detention cases.
CA10 Remands on Controlled Substance Issue
Case remanded to BIA for possession of controlled substance was a state class four felony while it was only a misdemeanor under Federal law. (Esparza-Treto v. INS, 2/2/99)
BIA Says Transporting an Illegal Alien Is an Aggravated Felony
The BIA held that an alien who is convicted of transporting an illegal alien within the U.S. in violation of INA 274(a)(1)(A)(ii) is convicted of an aggravated felony as defined in INA 101(a)(43)(N). (Matter of Ruiz-Romero, 2/1/99)
CA3 on Post-AEDPA Habeas and 212(c) Availability
The court held that the district court did not err in finding jurisdiction over Petitioner's habeas claims and that AEDPA's amendment to INA 212(c) does not apply to cases pending on the date of enactment. (Sandoval v. INS, 1/26/99)
CA3 on Post-AEDPA Federal Court Jurisdiction
The court held that AEDPA and other 1996 immigration amendments did not remove the federal district court's jurisdiction to review deportation orders for violations of statutory or constitutional rights. (Sandoval v. Reno, 1/26/99)
BIA Provides Framework for IJ Summary Decisions
The BIA held that a summary decision under 8 CFR §240.12(b) may properly be issued by an IJ in removal proceedings in lieu of an oral or written decision only when the respondent has expressly admitted to both the factual allegations and the charges of removability. (Matter of A-P-, 1/26/99)
BIA on "Particularly Serious Crime" Determination
The BIA held that first degree armed robbery of an occupied home, where the sentence imposed was 55 months imprisonment, is a "particularly serious crime" rendering the alien ineligible for withholding. (Matter of S-S-, 1/21/99)
VSC Approves VAWA-Based I-360
The Vermont Service Center approved a special immigrant petition based on the Violence Against Women Act (VAWA), finding that the petitioner still met the good moral character requirement despite a petit larceny conviction.
EOIR Memo on Faxing Policy Between INS, Guam, and Honolulu Immigration Court
EOIR memorandum 99-3 provides the facsimile policy between INS, Guam and Honolulu, HI due to an increase in issuance of charging documents. Faxes are only allowed between INS, Guam, and Honolulu and Guam INS is required to mail the original charging document within ten days of the faxed documents.
CA1 Finds No Nexus in Algerian Asylum Claim
The court found that substantial evidence supported the BIA’s determination that Petitioner failed to prove past persecution or a well-founded fear of persecution in Algeria on one of the grounds enumerated in the statute. (Debab v. INS, 12/22/98)
CA7 Says AEDPA 440(a) Permits Direct Review of Consitutional Claims
The court held that direct review remains available under AEDPA section 440(a) for aliens wishing to challenge their deportation on constitutional grounds. (LaGuerre v. Reno, 12/22/98)
Human Rights Watch Report on Detention of Unaccompanied Minors
A 12/22/98 Human Rights Watch report finds that the INS violated the rights of unaccompanied children in its custody.
BIA Finds Alaska First Degree Arson Is an Aggravated Felony
The BIA held that the alien's conviction for first degree arson in Alaska, where he was sentenced to 7 years imprisonment with 3 years suspended is a crime of violence, and therefore, an aggravated felony. (Matter of Palacios-Pinera, 12/18/98)
BIA on 241(a)(1)(H) Waivers
In making the discretionary determination on a waiver of deportability under INA 241(a)(1)(H), the Immigration Judge should consider the alien's initial fraud or misrepresentation in the overall assessment of positive and negative factors. (Matter of Tijam, 12/10/98)
EOIR Memo on Administrative Closure for LPRs in Removal Proceedings
A 12/9/98 EOIR memo from Michael Creppy, Chief Judge, regarding administrative closure of case in which an applicant is eligible for cancellation of removal for LPRs in removal proceedings.
EOIR OPPM 98-8: Cancellation of Outdated Operating Policies and Procedures Memoranda
EOIR issues OPPM 98-8, which cancels the following outdated OPPMs: 83-1, 86-9, 87-3, 87-4, 88-2, 89-3, 90-3, 90-6, 92-3, 94-3, and 94-4.
EOIR OPPM 98-9: Administrative Control List and Posting Procedures
EOIR issued OPPM 98-9, which clarifies that the association of INS field offices with an immigration court in the Administrative Control List is provided only as a general guide about where INS may file charging documents. Memo also establishes posting procedures for said list. Supersedes OPPM 87-2.
BIA Says No 212(h) Waiver Where LPR Status Obtained by Fraud
The BIA held that a 212(h) waiver is not available to an alien who was previously admitted for permanent residence but claims that such admission was not lawful because he concealed criminal activities that, if known, would have precluded his admission. (Matter of Ayala-Arevalo, 11/30/98)
BIA Reverses IJ, Finds Respondents Eligible for Suspension of Deportation
In a non-precedent decision, the BIA concluded that the respondents would suffer extreme hardship if deported to the Philippines, noting that they have developed significant economic, familial, and cultural ties to the U.S. (Matter of Abriam, 11/30/98)
INS/EOIR Proposed Rule on Suspension of Deportation and Special Rule Cancellation for NACARA
INS/EOIR proposed rule offering certain beneficiaries of the NACARA who currently have asylum applications pending and their qualified dependents, the option of applying to the INS for suspension of deportation or cancellation of removal under NACARA. Comments due by 1/25/99. (63 FR 64895, 11/24/98)
District Court Remands for 212(c) Determination Post-AEDPA
The court remanded the case to the BIA for a determination on the merits of Petitioner's 212(c) application where it was undisputed that he had made known to the INS his intention of filing for relief prior to the enactment of AEDPA §440(d). (Almonte v. Reno, 11/19/98)
INS Extends Temporary Suspension of Removals for Central Americans Through January 7
The Immigration and Naturalization Service (INS) announces today that it will extend through January 7, 1999, the temporary suspension of removals in effect for aliens from El Salvador, Guatemala, Honduras and Nicaragua.
EOIR OPPM 98-7: Management of the Institutional Hearing Program
EOIR issues OPPM 98-7: Management of the Institutional Hearing Program, which supersedes OPPM 94-7, dated July 18, 1994, and establishes the management and supervision policies of the Institutional Hearing Program (IHP).
AILA Comments on BIA Streamlining
AILA and AILF submitted comments to the proposed regulation EOIR No. 122P, AG 2177-98, 63 Federal Register 49043 (September 14, 1998). This regulation purports to streamline the review of the Board of Immigration Appeals (BIA) of certain decisions.