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
BIA on Jurisdiction Over Motion to Reconsider Dismissal of Appeal
Where the BIA dismisses an appeal as untimely, it retains jurisdiction over a motion to reconsider the dismissal of the appeal to the extent that the motion challenges the finding of untimeliness. (Matter of Lopez, 3/24/98)
AILA Comments on Professional Conduct
AILA and AILF submitted comments on proposed regulations regarding professional conduct for practitioners published at 63 Fed. Reg. 2901 (January 20, 1998).
INS HQ Liaison, 3/19/98
Draft minutes of March 19, 1998, INS Headquarters liaison meeting.
AILA/AILF Comment on Professional Conduct Regulations
AILA and AILF 3/19/98 comments on proposed regulations regarding professional conduct for practitioners published at 63 Fed. Reg. 2901 (January 20, 1998).
BIA on Post-AEDPA 212(c) Eligibility
An alien who is deportable for two or more CIMTS, and whose proceedings were initiated prior to 4/24/96 is not ineligible for a 212(c) waiver unless more than one conviction resulted in a sentence of 1 year or longer pursuant to the pre-AEDPA statute. (Matter of Fortiz-Zelaya, 3/18/98)
BIA Upholds Denial of Asylum Where Corroborating Evidence Was Reasonably Available
The BIA held that an alien who did not provide evidence to corroborate his identity, nationality, claim of persecution, and other relevant claims, where it was reasonable to expect such evidence, failed to meet the burden of proof for asylum. (Matter of M-D-, 3/13/98)
BIA Upholds Denial of Asylum Claim Based on Fear of Shining Path
The BIA held that the reasonableness of an alien's fear is reduced when his family remains in his native country unharmed for a long period after his departure and upheld the denial where DOS evidence indicated the Shining Path operates in only a few areas of Peru. (Matter of A-E-M-, 2/20/98)
BIA Says Asylum Burden Requires More Than General Testimony
The BIA held that an asylum applicant does not meet the burden of proof by general and meager testimony and that the weaker an applicant's testimony, the greater the need for corroborative evidence. (Matter of Y-B-, 2/19/98).
BIA on Credibility and Demeanor
The BIA held that because an IJ is in the unique position to observe the testimony of the alien, a credibility finding which is supported by a reasonable adverse inference drawn from the alien's demeanor generally should be accorded a high degree of deference. (Matter of A-S-, 2/19/98)
Aggravated Felony Press Release Sample
Sample press release from AILA with instructions on retroactive application of the aggravated felony rules.
BIA on Exercise of Discretion for Cancellation of Removal
The BIA held that the general standards developed in Matter of Marin for the exercise of discretion under 212(c) are applicable to the exercise of discretion under section 240A(a). (Matter of C-V-T-, 2/12/98).
NSC Liaison Notes from Meeting with NSC (2/12/98)
Minutes from the Nebraska Service Center/AILA Liaison meeting which was held on 2/12/98. Topics included adjustment of status, fingerprints, impact of prior arrests/convictions, aging out, H-1Bs, L-1s, post-approval issues, I-140s, I-130s, naturalizations, and re-entry permits.
CA2 Says Petitioner Born in Philippines Is Not a USC
The court held that Petitioner’s birth in the Philippines while that country was a United States territory does not confer United States citizenship upon her under the Fourteenth Amendment. (Valmonte v. INS, 2/11/98)
BIA on Eligibility for 212(h) Waiver
The BIA held that an alien who has not previously been admitted for permanent residence is statutorily eligible for a waiver of inadmissibility under INA 212(h) despite his conviction for an aggravated felony. (Matter of Michel, 1/30/98)
CA10 Addresses Transporting Undocumented Aliens Criteria
CA10 finds that transporting alien a substantial distance for the purpose of seeking employment is not sufficient to sustain a transporting charge. (USA v. Barajas-Chavez, 1/28/98)
EOIR Notice on Suspension and Cancellation Under NACARA
EOIR notice on suspension of deportation and cancellation of removal under NACARA. Filing of motions to reopen will be between 1/16/98 and 9/11/98. (63 FR 3154, 1/21/98)
BIA on Impact of Counterfeit Identity Document on Claim
The BIA held that an ID document that is found to be counterfeit by forensic experts not only discredits the applicant's claim as to identity and nationality but also indicates an overall lack of credibility. (Matter of O-D-, 1/8/98)
INS Advises on Expedited Removal: Additional Policy Guidance
A 12/30/97 memo from Michael A. Pearson Executive Associate Commissioner (INS) addressing policy questions, procedural and logistical problems and quality assurance concerns related to the expedited removal process.
INS Memo with Expedited Removal Guidance
A 12/30/97 memo from Michael A. Benson, Executive Associate Commissioner (INS) regarding implementation of the expedited removal process. (Courtesy of Daniel C. Horne)
INS on Withdrawal of Application for Admission
A 12/22/97 memo from Paul Virtue, Executive Associate Commissioner (INS) regarding withdrawal of application for admission instead of expedited removal.
INS Advises on Withdrawal of Applications for Admission
A 12/22/97 memo from Paul Virtue, Executive Associate Commissioner (INS) reviews and revises Chapter 17.2 of Inspector's Field Manual (IFM), relating to withdrawal of application for admission.
BIA on Definition of "Admission" and Fleuti Doctrine
The BIA held that a returning LPR as described in INA §101(a)(13)(C)(i)-(vi) shall be regarded as "seeking admission" without regard to whether the LPR's departure might previously have been regarded as brief, casual, and innocent under the Fleuti doctrine. (Matter of Collado-Munoz, 12/18/97)
BIA on "Exceptional Circumstances" Exception to Failure to Voluntarily Depart
The BIA held that neither a long-standing minor illness nor an allegation of serious illness to others establishes "exceptional circumstances" under INA §242B(f)(2) without evidence specifying how such circumstances resulted in the alien's failure to depart. (Matter of Ali, 12/9/97)
P.L. 104-141
Full text of a bill 'To require the Attorney General to establish a program in local prisons to identify, prior to arraignment, criminal aliens and aliens who are unlawfully present in the United States, and for other purposes' signed into law on 12/5/97.
AILA and National Lawyers Guild Comments on EOIR Interim Rule on Removal
AILA and the National Immigration Project of the National Lawyers Guild comments to EOIR interim rule providing for implementation of a transitional policy for processing suspension of deportation or cancellation of removal cases.