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 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)
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.