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
EOIR Memo on Protective Orders and the Sealing of Records
Memo was rescinded and replaced by OPPM 09-02, issued on 2/9/09. EOIR issued OPPM 02-02 on 7/16/02, with guidance on the issuance of protective orders and sealing of records in immigration proceedings, in light of regulations granting IJs authority to issue protective orders and seal records.
DOJ Discloses Cursory Information on 9/11-Related Detainees
A 7/3/02 letter to Sen. Carl Levin, Assistant AG Daniel Bryant disclosed that INS detained 752 individuals on immigration violations in connection with the 9/11 terrorist attacks, and the EOIR has subjected 611 individuals to closed hearings pursuant to a 9/21/01 directive from Chief Judge Creppy.
AILF Resources on Motion to Exercise Sua Sponte Authority to Reopen Based on Fundamental Change in Law
The practice advisory and amicus briefs discuss motions requesting the BIA or the Immigration Courts to exercise their sua sponte authority to reopen cases where respondents were deported prior to fundamental change in the law, such as St. Cyr.
INS Says Deferred Action Is Lawful Presence
A 6/12/02 memo from Johnny Williams, Executive Associate Commissioner (INS) indicating that while an individual is in deferred action he or she does not accrue unlawful presence.
BIA Imputes Parent’s Lawful Residence to Minor to Establish Domicile
The BIA held that the period of an alien’s residence in the U.S. after admission as a nonimmigrant may be considered in calculating the 7 years of continuous residence required to establish eligibility for cancellation of removal under INA §240A(a)(2). (Matter of Blancas-Lara, 6/10/02)
BIA Says Misdemeanor Sexual Abuse of a Minor Is an Aggravated Felony
The BIA held that a misdemeanor offense of sexual abuse of a minor constitutes an aggravated felony under INA §101(a)(43). (Matter of Small, 6/4/02)
DOJ Publishes Correction to "Surrender" Rule
DOJ correction notice to a 5/9/02 proposed rule that would amend both INS and EOIR regulations by requiring aliens subject to a final order of removal to surrender themselves to the INS. The notice corrects an erroneous citation in the original document. (67 FR 38324, 6/3/02)
Emergency Motion to Enforce Memorandum and Order
Sample motion to compel the government to comply with a prior district court order by releasing Petitioner on the terms and conditions of bond set by the immigration judge. (June 2002) (Miscellaneous Motion)
BIA on Termination of Physical Presence for Cancellation
The BIA held that for purposes of cancellation of removal under INA §240A(b), continuous physical presence ends at the time an alien is compelled to depart the United States under threat of deportation or removal proceedings. (Matter of Romalez-Alcaide, 5/29/02)
INS Detention Facilities Home Pages Going Online
INS provides a list of Detention Facilities, as well as a link to home pages going online. Focus is on the San Juan District Office.
BIA Finds IJ Erred in Denying Cancellation for Mother of Six
The BIA held that a single mother from Mexico established eligibility for cancellation of removal where her four USC children would suffer exceptional and extremely unusual hardship upon her removal. (Matter of Recinas, 5/19/02)
BIA Finds Marijuana Misdemeanors Not Tantamount to Aggravated Felony
The BIA held that determining whether an offense is a felony under 18 USC §924(c)(2) depends on the classification of the offense under the law of the convicting jurisdiction. (Matter of Santos-Lopez, 5/14/02)
BIA Overrules K–V–D– in Class 4 Felony Drug Case
The BIA held that the determination as to whether a state drug offense is a drug trafficking aggravated felony shall be made by reference to federal circuit case law and not any BIA-adopted standard. (Matter of Garcia, 5/13/02)
DOJ Publishes Proposed ‘Surrender’ Rule
A proposed DOJ rule would amend both INS and EOIR regulations by requiring aliens subject to a final order of removal to surrender themselves to the INS. The rule establishes procedures for surrender and provides that violations will result in denied benefits. (67 FR 31157, 5/9/02)
INS Memo: Deferred Action for Aliens with Bona Fide Applications for T Nonimmigrant Status
This memo outlines changes in INS procedures for deferred action determinations on behalf of victims of severe forms of trafficking whose applications for T nonimmigrant status have been determined to be bona fide but are still awaiting final adjudication by VSC.
INS Issues Guidance on Handling of Naturalization Applications Involving Unlawful Voting
A 5/7/02 memo from William Yates, Deputy Executive Associate Commissioner (INS), providing guidance to examiners for handling naturalization cases where the issue of unlawful voting or false claim to U.S. citizenship for the purpose of voting is raised.
AG Reverses LPR Status for Woman Convicted of Killing Child
The BIA held that persons convicted of violent crimes are not eligible for waivers under INA §209(c) except where there are national security or foreign policy concerns, or a clear demonstration that denial will result in exceptional and extremely unusual hardship. (Matter of Jean, 5/2/02)
BIA Defers Removal of Iranian Man Under Article 3 of CAT
The BIA granted deferral of removal under CAT for an Iranian Christian where it was more likely than not that he will be tortured if deported to Iran based on religion, ethnicity, duration of his residence in the U.S., and drug-related convictions. (Matter of G-A-, 5/2/02)
Chief Immigration Judge Describes Case Completion Goals
A 4/26/02 memo from Chief Immigration Judge Creppy addresses case completion goals for the immigration court based on the 1/11/01 Case Completion Goals for the Immigration Courts and the Board of Immigration Appeals, requesting that FY2001 goals be applicable through FY2003.
INS Rule Bars Release of Detainee Information
INS interim rule barring the public release of information on INS detainees by any non-federal provider of detention services, and clarifying that all such requests for information be directed to the INS. The rule is retroactive to April 17, 2002. (67 FR 19508, 4/22/02)
INS Issues Rule Governing Release of Detainee Information
Personal information regarding INS detainees will be handled in a uniform manner, under an interim rule submitted for publication in the Federal Register. The rule ensures that all detainee information will be handled in accordance with Federal law.
BIA Response to AILF on Applicablity of St. Cyr to People Already Deported
In a letter dated 4/18/02, Acting BIA Chair Lori Scialabba responds to AILF request for the Board to exercise its sua sponte authority to reopen cases of 212(c) eligible LPRs who were deported prior to St. Cyr.
DOJ Updates Policy Guidance Regarding Limited English Proficiency
DOJ policy guidance on Title IV’s prohibition against national origin discrimination as it affects limited English proficient persons. The guidance supplants previous guidance published on 1/19/01. (67 FR 19237, 4/18/02)
Federal Court Cases Discussing St. Cyr
This is a list of certain published federal court cases which discuss and apply the Supreme Court's decision in INS v. St. Cyr, 533 U.S. 289 (2001).
Recent Lawsuit Addresses Conditions in NY Area Detention Centers
A lawsuit filed by the Center for Constitutional Rights in New York City, concerns detention conditions in New York area detention centers. (Turkmen v. Ashcroft, 4/17/02)