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 Issues Policy Change on Untimely Asylum Motions
The BIA is withdrawing in 90 days from its policy of granting, on its own motion under 8 CFR §3.2(a), untimely motions to reopen asylum claims that are based solely on coercive population control policies. (Matter of G-C-L-, 4/10/02)
INS Proposes Changes to Rules Governing Visitors and Students
INS fact sheets on new proposed student/visitor rules and mandatory surrender rule.
Fact Sheet - Mandatory Surrender Proposed for Persons With Final Removal Orders
INS has announced the imminent publication of 3 new rules in the Federal Register. An interim rule would prohibit nonimmigrants admitted in B visitor status from pursuing a course of study prior to obtaining approval of a change to student status.
BIA Denies Asylum to Admitted Member of Mujahedin
The BIA held that the USA PATRIOT Act does not change the standard for determining asylum or withholding of removal — that there is reasonable ground to believe that an alien is engaged in, or is likely to engage in, terrorist activity or is a danger to the U.S. (Matter of U–H–, 4/5/02)
BIA Overrules Precedent; Says DUI Is Not a Crime of Violence
The BIA held that driving under the influence in violation of Massachusetts law is not a felony involving a substantial risk that physical force against a person or property of another may be used and it is not a crime of violence. (Matter of Ramos, 4/4/02)
BIA on "Exceptional and Extremely Unusual" Hardship
The BIA held that for purposes of non-LPR cancellation, the respondent must demonstrate hardship that is substantially different from or beyond that which would normally be expected from the deportation of an alien with close family members in the U.S. (Matter of Andazola-Rivas, 4/3/02)
Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief
Sample petition for writ of habeas corpus to remedy unlawful detention and enjoin Respondents from continuing to deny Petitioner an individualized bond hearing. (April 2002) (Complaint, Amendment, Other Pleading)
AILF Amicus Brief to BIA on Reopening Based on Fundamental Change in Law
BIA request to appear as amicus curiae and brief in support of Board's exercise of sua sponte authority to reopen a respondent's case due to a fundamental change in the law.
BIA Dismisses CAT Claim for Haitian Man
The BIA held that an alien seeking protection under CAT must establish that it is more likely than not that he will be tortured in the country of removal, and that evidence of torture must consist of five elements set forth at 8 CFR §208.18(a). (Matter of J-E-, 3/22/02)
Sign-On Letter Opposing Proposed Regulatory Changes to the BIA
AILA's 3/20/02 sign-on letter where numerous individuals voice their opposition to proposed regulatory changes to the BIA including concerns over measures that make single-Member review the norm and implement a backlog elimination transition period that sacrifices fairness for efficiency.
AILA’s Comments on the Proposed BIA Reform Rule
AILA’s final comments on the Attorney General’s proposal to make structural and procedural changes at the Board of Immigration Appeals, including cutting the number of Board Member positions from 23 to 11.
BIA Excuses Minor for Failing to File for Asylum
The BIA held that the unaccompanied minor who was in INS custody pending removal proceedings during the 1-year period following his arrival in the U.S. established extraordinary circumstances excusing his failure to file for asylum within 1 year. (Matter of Y-C-, 3/11/02)
EOIR/AILA Liaison Meeting (3/7/02)
Approved report from the March 7, 2002, AILA/EOIR Liaison Meeting. Topics included coercive family planning policy cases, asylum EAD clock, and issues of misconduct by private practitioners and judges.
BIA Revisits Removal Due to Marriage, But with Conditions
The BIA held that a properly filed motion to reopen for adjustment based on a marriage entered into after commencement of proceedings may be granted in the exercise of discretion, notwithstanding the pendency of a visa petition. (Matter of Velarde-Pacheco, 3/6/02)
AG Says Drug Trafficking Offenses are Presumptively "Particularly Serious"
The Attorney General reversed three BIA decisions and held that drug trafficking offenses presumptively constitute particularly serious crimes under INA 241(b)(3)(B)(ii). (Matter of Y-L-, 3/5/02)
Bush Administration Proposed Changes to BIA Threaten Due Process
AILA press release on proposed changes to the BIA, asking the Attorney General to promote reform that affirms the independence and impartiality of the Board of Immigration Appeals.
DOJ Proposed Rule to Enact Procedural Reforms at the BIA
DOJ proposed rule that would make a number of procedural reforms at the Board of Immigration Appeals, including cutting the number of BIA Members from 19 to 11.(67 FR 7309, 2/19/02)
Advance Copy of DOJ Proposed Rule to Enact Procedural Reforms at the BIA
The Justice Dept. has filed with the Office of the Federal Register a proposed rule that would make a number of procedural reforms at the Board of Immigration Appeals, including cutting the number of BIA Members from 19 to 11.
Letter from BIA Requesting Reconsideration of DUI Rulings
A March 13, 2002 letter from BIA Chairman, responding to letter from AILF and AILA member Tom Hutchins, urging BIA to reconsider Board precedent on the issue of whether a DUI conviction is an aggravated felony.
BIA on Impact of Deferred Adjudication of Guilt
The BIA held that an alien whose adjudication of guilt was deferred under Texas law following a plea of guilty to possession of a controlled substance is considered "convicted" for immigration purposes. (Matter of Salazar-Regino, 2/14/02)
Sign-On Letter to the Attorney General Regarding BIA Reform
A February 11, 2002, letter to Attorney General Ashcroft, signed by 53 national and local organizations, expressing concerns about the proposed regulatory changes to the Board of Immigration Appeals that were announced on February 6, 2002.
Administrative Closure for Aliens Eligible for TPS and/or DED
A 2/7/02, memo from Dea Carpenter, Deputy General Counsel (INS) instructing that INS should agree to administratively close proceedings involving individuals who are prima facie eligible for temporary protected status (TPS) and/or deferred enforced departure (DED).
AILA Testimony on BIA Reform
Testimony of AILA Member Stephen Yale-Loehr before the House Immigration Subcommittee on Immigration and Claims on the Administration’s proposal to change the Board of Immigration Appeals.
DOJ Guidance on Absconder Apprehension Initiative
A 1/25/02 memo from the Deputy Attorney General sets out guidance to the various DOJ units regarding apprehension and removal of persons subject to a final order who failed to appear for removal.
BIA Finds Possession of a Firearm by a Felon Is an Aggravated Felony
The BIA held that possession of a firearm by a felon in violation of Cal. Penal Code §12021(a)(1) is an aggravated felony under INA §101(a)(43)(E)(ii). (Matter of Vasquez-Muniz, 1/15/02)