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
AILA Issue Paper on Access to Counsel
AILA Issue Paper on access to counsel, including representation in immigration matters adjudicated at ports of entry and representation in the interior since 9/11.
BIA Denies Discretionary Relief for Breaching Protective Order
The BIA held that Respondent is ineligible for any relief except for bond, because a protective order was violated by disclosure of information to unauthorized persons and that there are reasonable grounds for regarding Respondent as a danger to U.S. security. (Matter of R-S-H-, 8/4/03)
CA9 Upholds BIA Streamlining Procedures
Court rejects due process challenge to BIA’s affirmance-without-opinion procedure. (Falcon Carriche v. Ashcroft, 7/14/03)
DHS Implements "Operation Predator"
A recent DHS memo instructs DHS trial attorneys to "flag" cases in which an alien has been convicted of a criminal offense against children and to oppose bond, according to sources within the agency.
EOIR Announces New Local Operating Procedures for Buffalo & Batavia, NY
EOIR, on 7/1/03, posted to its website new local operating procedures for the Immigration Courts in Buffalo and Batavia, New York.
Ohio & Kentucky Immigration Court Case Files Moved to New Sites as of 7/1/03
EOIR, in a 6/23/03 News Release, announced that the administrative control of Immigration Court case files, including Records of Proceedings, for Ohio and Kentucky was transferred to new locations, effective 7/1/03.
EOIR Memo on Use of FedEx Delivery Services by Immigration Courts
EOIR Operating Policies and Procedures Memorandum (OPPM) 03-04, dated 7/9/03, provides guidance on the acceptable uses of FedEx Delivery Services by the immigration courts.
EOIR Updates List of Internal Agency Case-Tracking Codes
EOIR Operating Policies and Procedures Memorandum (OPPM) 03-03, dated 7/8/03, revises and adds to the agency’s list of Adjournment, Call-up, and Case Identification Codes. The EOIR uses these codes primarily for case tracking purposes in the agency’s automated system.
Testimony of DOJ Inspector General on the Detention and Treatment of September 11 Detainees
Testimony of DOJ Inspector General, Glenn A. Fine, before the Senate Judiciary Committee, on June 25, concerning the detention and treatment of September 11 detainees.
BIA Says Presidential or Gubernatorial Pardon Waives Only 237(a)(2)(A)(v) Grounds
The BIA held that a presidential or gubernatorial pardon waives only grounds specified in INA §237(a)(2)(A)(v), and that the pardon did not waive removability for a crime under INA §237(a)(2)(E)(i). (Matter of Suh, 7/1/03)
BIA Announces Email Notification Service/Telephone Information Line/Citations Guidelines
Information on how to obtain BIA information include an automatic email notification service for precedent decisions, a telephone information line, and a Citations Guideline.
Practice Alert: BICE Obtains Jurisdiction of Deferred Action
DHS representatives, speaking at the AILA annual conference, indicated that BICE now has sole jurisdiction over deferred action, including related EADs. This policy applies to VAWA-related deferred action as well.
BICE Cooperates with Nigerian Government to Remove 89 Nigerian Nationals to Lagos
BICE and the government of Nigeria cooperated in the removal of 89 Nigerians to Lagos this week. The U.S. government has recently worked with the governments of Pakistan, Cambodia, El Salvador, Guyana, Haiti, Jamaica, and the Philippines in similar removal missions.
BIA Holds Quashed Drug Conviction Still Valid for Immigration Purposes
The BIA held that a drug conviction that was quashed by a Canadian court solely for immigration purposes was not based on a defect in the conviction or in the underlying proceedings and was therefore, still valid for immigration purposes. (Matter of Pickering, 6/11/03)
AILA Comments on Inspector General’s Report Detailing Post 9/11 Detention Practices
AILA issued a press release commenting on an oversight report by the Justice Department’s Inspector General that detailed the Department’s post-9/11 detention practices.
AILA Renews Call for an Independent Immigration Court
AILA issued a press release on 5/27/03, renewing its call for an independent immigration court in the wake of a May 21 district court decision denying an APA challenge to the BIA “reform” regulations.
BCIS Memo Summarizes Interim Final Rule on 212(h) Waivers
A 5/27/03 memo from William Yates, BCIS Acting Director of Operations, outlining the standards for adjudicating waivers of the criminal grounds of inadmissibility for immigrants under INA §212(h), as amended by a 12/26/02 interim final rule.
Justice Department Press Release on District Court Decision in the BIA Reform Case
The Justice Department’s press release reports on the District Court decision rejecting APA challenges to the regulations revising the structure and procedures at the BIA.
BIA Finds Past Persecution Based on Forced Sterilization
The BIA held that neither the passage of time since the sterilization of respondent’s wife, nor the lack of enforcement of coercive family planning, is a “fundamental change” in respondent’s personal circumstances to deny asylum under 8 CFR §1208.13(b)(1)(ii). (Matter of Y-T-L-, 5/22/03)
BICE Detention and Removal Memorandum to the Field on Implementation of DeMore v. Kim
A 5/15/03 memo from Anthony Tangeman, BICE Director, stating that BICE will send call-in letters to all individuals previously released and subject to DeMore v. Kim. Failure to appear will result in bond revocation and absconder treatment.
BIA Says Petty Offense Does Not Bar Cancellation of Removal
The BIA held respondent, who was convicted of a CIMT that qualifies as a petty offense, was not rendered ineligible for cancellation of removal under INA §240A(b)(1) by either his conviction or his commission of another offense that is not a CIMT. (Matter of Garcia-Hernandez, 5/8/03)
EOIR FY2002 Statistical Year Book
The EOIR has just released its FY2002 Statistical Year Book, containing useful data and charts on, among other things, proceedings received and completed by type, disposition, and nationality, for both the immigration courts and the BIA.
Justices Affirm Habeas Jurisdiction under §236, but Uphold Detention of Criminal LPRs
The Court overturned the Ninth Circuit and held that criminal LPRs can be detained pursuant to INA §236(c) without individual bond hearing. A different majority, however, held that §236(e) does not preclude habeas review of challenges to detention under §236(c). (Demore v. Kim, 4/29/03)
Several BIA Members to Begin New Assignments
AILA has learned that the 5 BIA Members who have been asked to find other placements will soon transition to their new positions. The judges in question are Paul Schmidt, Gus Villageliu, Cecelia Espenoza, John Guendelsberger and Noel Brennan.
AILA Condemns AG’s Decision that Purports to Alter the Standards for Bond
AILA press release condemning a precedent decision holding that in bond proceedings involving undocumented aliens, where the government offers evidence that such release would serve to stimulate mass migration and threaten national security, IJs and the BIA must consider such interests.