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 Interim Regulation Precludes 212(h) Waivers for Most "Violent" Crimes
INS interim rule precluding 212(h) waivers where the application "involves a violent or dangerous crime", except in extraordinary circumstances. Comments due 1/27/03. Rule was originally proposed as part of the Indochinese Adjustment regulations. (67 FR 78675, 12/26/02)
BIA on NTA Service by Certified Mail
The BIA held that service of an NTA and hearing notice by certified mail was proper, even though it was returned and marked “unclaimed.” (Matter of M-D-, 12/18/02)
EOIR OPPM 02-05: Excused Absence/Administrative Leave for Attendance at Conferences and Conventions
EOIR issues Operating Policies and Procedure Memorandum (OPPM) 02-05: Excused Absence/Administrative Leave for Attendance at Conferences and Conventions, which establishes the policy for approval and use of excused absence/administrative leave by EOIR personnel to attend conferences and conventions.
Copy of TRO Halting Deportations to Somalia
U.S. District Judge granted a motion for a temporary restraining order enjoining the INS from removing Somali nationals back to Somalia. Oral argument in the case is scheduled for 1/14/03. (Ali v. Ashcroft, 12/10/02)
BIA Finds Service of NTA to Minor's Uncle was Improper
The BIA held that removal proceedings against a 7-year-old were properly terminated because the NTA was served only on the child’s uncle and no effort was made to serve the notice on the child’s parents in the U.S. (Matter of Andino, 12/4/02)
BIA Vacates Grant of Relief to 12-Year-Old
The BIA held that the INS met its burden of establishing the minor respondent’s removability and that she was properly notified of her hearing by mailing the NTA to the last address provided by her parent, with whom she was residing. (Matter of Gomez-Gomez, BIA 12/4/02)
DOJ’s Statement on Rabih Haddad Asylum Decision
Justice Department statement on the 11/22/02 immigration judge decision denying Rabih Haddad’s application for asylum and withholding of removal.
Minutes from Texas Bar Committee Meeting with AILA (11/22/02)
The 11/22/02 minutes of the meeting of the Texas Bar Committee on Laws Relating to Immigration & Nationality and update information on developments at the U.S. consulate in Juarez, Mexico. Also included is a report on Pro Bono Asylum Representation.
INS Notice Expanding the Expedited Removal Program
INS notice expanding the expedited removal program to cover aliens who arrive in the U.S. by sea and who are not admitted or paroled. The notice takes effect immediately. (67 FR 68923, 11/13/02)
INS Notice Expanding Expedited Removal to Cover Aliens Arriving by Sea
INS has designated a new class of aliens subject to expedited removal - certain aliens who arrive in the U.S. by sea, either by boat or other means, who are not admitted or paroled,” will be subject to expedited removal and will be detained during the course of any proceedings.
U.S. Supreme Court Tells Ninth Circuit to Remand Factual Questions
In a per curiam opinion, the Supreme Court reminds the 9th Circuit that it should remand fact-finding questions such as "changed circumstances" or changed "country conditions" affecting an asylum application. (INS v. Ventura, 11/4/02)
BIA Says Misdemeanor Drug Possession Is Not an Aggravated Felony
The BIA held that in accordance with Second Circuit precedent, an individual who has been convicted twice of misdemeanor marijuana possession under New York law has not been convicted of an aggravated felony under INA §101(a)(43)(B). (Matter of Elgendi, 10/31/02)
The CAIR Coalition and AILA Announce the Filing of a Lawsuit Challenging New BIA Regulations
The Capital Area Immigrants’ Rights Coalition (CAIR Coalition) and the American Immigration Lawyers Association (AILA) filed a federal lawsuit challenging the decisionmaking process used by the Department of Justice (DOJ).
New Local Operating Procedures for San Antonio, Texas Immigration Court
EOIR has posted to its website new local operating procedures for the immigration court in San Antonio, Texas.
New Address for San Juan, Puerto Rico Immigration Court
EOIR alert that the immigration court in San Juan, Puerto Rico has a new address.
AILF and AILA Comments on Proposed St. Cyr Rule
AILF and AILA comment on proposed rule regarding §212(c) relief. Comments can also be used as model comments or organizations can sign on to AILF/AILA comments.
Testimony of AILA Member Paul Virtue Regarding the Case of Hesham Mohamed Ali Hedayet
Testimony of AILA Member Paul Virtue, before the House Immigration Subcommittee, regarding the INS’s handling of the asylum case of Hesham Mohamed Ali Hedayet, the Egyptian immigrant who shot and killed two people at Los Angeles International Airport on July 4, 2002.
Preliminary Settlement in Barahona-Gomez v. Ashcroft
A preliminary settlement has been reached in the class action lawsuit that challenged EOIR directives prohibiting the BIA and Immigration Judges from granting suspension of deportation after 2/13/1997 because of their interpretation of the 4,000 cap. (Barahona-Gomez v. Ashcroft, 10/30/02)
EOIR Responses to AILA's Liaison Questions (9/26/02)
Liaison issues addressed with EOIR included such topics as adjustment of status in proceedings, immigration court and BIA procedures, IJ behavior, the EOIR-28 form, VAWA confidentiality, and electronic filing.
BIA Says CT 3rd Degree Assault Is a Crime of Violence
The BIA held that third-degree assault involving the intentional infliction of physical injury upon another, in violation of the Connecticut law, is an aggravated felony crime of violence under §101(a)(43)(F). (Matter of Martin, 9/26/02)
BIA Vacates Grant of Deferral of Removal Under CAT
The BIA held that the respondent, who was convicted of a U.S. drug offense, failed to establish that it is more likely than not that she will be tortured as a result of that conviction if she is deported to Nigeria. (Matter of M-B-A-, 9/24/02)
BIA Remands Case for Deficiency in IJ’s Factual Findings
The BIA held that under new regulations effective 9/25/02, it has limited fact-finding on appeal which heightens the need for IJs to include clear and complete findings of fact in their decisions. (Matter of S-H-, 9/12/02)
BIA Updates Precedent Decisions Chart
The Board of Immigration Appeals has updated its chart that tracks, in chronological fashion, various BIA precedent decisions that have been cited by the federal circuit courts.
Guidelines for Submitting an Optional Supplemental Brief Under the New BIA Rule
The BIA has issued guidelines for the submission of optional supplemental briefs pursuant to the final BIA procedural reform regulation published on August 26, 2002. The regulation takes effect on September 25, 2002.
AILA’s Comment on the Indochinese Parolee Adjustment Regulations
AILA comments on proposed regulations that would provide for the adjustment of status of certain aliens from Vietnam, Cambodia and Laos. Thanks to Maureen Masters, on behalf of the U.S. Catholic Conference, and John T. Combs, on behalf of AILA, for their good work.