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 on Mandatory Detention and "When Released"
The BIA held that an alien who is released from criminal custody after expiration of the Transition Period Custody Rules is subject to mandatory detention under INA §236(c), even if he is not immediately taken into custody by INS when released. (Matter of Rojas, 5/18/01)
Standards for INS to Join a Motion to Reopen
A 5/17/01 memo from Bo Cooper, General Counsel (INS) advising INS attorneys of changes in standards for when INS may concur in a motion to reopen for consideration of an adjustment of status application.
INS Memo on Motions to Reopen for Consideration of Adjustment of Status
A 5/17/01 memo from Bo Cooper, General Counsel (INS) on motions to reopen for consideration of adjustment of status.
BIA on Jurisdiction Over Cuban Refugee Adjustment Act Applications
The BIA held that the IJ has jurisdiction to adjudicate an application for adjustment of status under the Cuban Refugee Adjustment Act when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings. (Matter of Artigas, 5/11/01)
BIA Says AZ Aggravated DUI Is Not a CIMT
The BIA held that under Arizona law, the offense of aggravated driving under the influence with two or more prior DUI convictions is not a crime involving moral turpitude. (Matter of Torres-Varela, 5/9/01)
BIA Says Waiver of Appeal May be Challenged Before IJ or BIA
The BIA held that a party wishing to challenge the validity of an appeal waiver may file either a motion to reconsider with the immigration judge or an appeal directly with the BIA. (Matter of Patino, 5/9/01)
BIA Finds Hardship to USC Daughter Sufficient for Suspension
The BIA held that the respondents met the extreme hardship requirement for suspension where their 15-year-old USC daughter has spent her entire life in the U.S., has been completely integrated into the American lifestyle, and is not fluent in Chinese. (Matter of Kao & Lin, 5/4/01)
BIA Says Exceptional and Extremely Unusual Hardship Need Not be Unconscionable
The BIA held that exceptional and extremely unusual hardship for non-LPR cancellation must be substantially beyond what would ordinarily be expected from the alien’s deportation, but that it need not be unconscionable. (Matter of Aguinaga, 5/4/01)
Cleveland INS To Terminate Proceedings in 245(i) Cases
A 5/1/01 letter from Lisa Johnson, Assistant U.S. Attorney, advising the attorney for 4 persons who had been placed in removal proceedings, based on labor certification applications filed in connection with section 245(i) that those proceedings will be terminated.
INS Limits Removal Against 245(i) Applicants
A 4/27/01 memo from Michael Pearson, Executive Associate Commissioner (INS) advising the field not to initiate proceedings against section 245(i) applicants based solely on an application or petition filed on or after April 27, 2001.
BIA Grants Stay in Light of Court Ruling on Texas DWI Statute
The BIA granted respondent a stay of deportation pending his MTR in light of U.S. v. Chapa-Garza, which held that a DWI in violation of Texas Penal Code §49.09 is not an aggravated felony crime of violence under INA §101(a)(43)(F). (Matter of Herrera, 4/13/01)
BIA Says "Murder, Rape, or Sexual Abuse of a Minor" Must be a Felony for 101(a)(43)(A) Purposes
The BIA held that a conviction for murder, rape, or sexual abuse of a minor must be for a felony offense in order for the crime to be an aggravated felony under INA §101(a)(43)(A). (Matter of Crammond, 3/22/01, vacated 10/16/01)
EOIR Liaison Minutes (3/22/01)
Liaison discussions from 3/22/01 with EOIR included such topics as NTA filings and procedures, video hearings, "affirmance without opinion" decisions, continuations pending I-130 adjudication, and referrals of affirmative asylum applications.
Texas State Bar Committee Minutes (3/17/01)
The State Bar of Texas Committee on Laws Relating to Immigration and Nationality minutes include reports from: AILA Texas Chapter, DOL, INS District Office, Pro BAR, Voluntary Agencies, Lawyers Committee for Civil Rights Immigration Project, TDHS.
AILA Comment on EOIR Regulation on Delegations of Authority
AILA's comment on certain provisions of the EOIR proposed regulation on delegations of authority, including granting the Director plenary power to set specific time frames in which cases must be adjudicated.
INS Memo Addressing LIFE Act Applicable to NACARA 203 Relief
A 2/23/01 memo from Michael Pearson, Executive Associate Commissioner (INS) addressing the applicability of INA section 241(a)(5) (Reinstatement) to NACARA 203 beneficiaries and provides guidance to its implementation under the LIFE Act.
Memo Implements LIFE Reinstatement Provision
A 2/22/01 memo from Joseph Langlois, Director (INS) clarifying that persons granted NACARA section 203 relief are not barred by 241(a)(5) reinstatement from pursuing asylum claims.
AILA/AILF Amicus Brief to BIA in Matter of Mario Roberto
AILA/AILF amicus brief to BIA in Matter of Mario Roberto Madriz-Alvarado and the conviction and federal and state first offender statutes.
INS Instructs on Reopening Proceedings for NACARA/HRIFA Applicants
A 2/14/01 memo from Michael Pearson, Executive Associate Commissioner (INS) providing instructions on processing of persons who were made eligible under LIFE for HRIFA or NACARA §202 relief, and on deferring action against persons eligible to apply under HRIFA as a dependent.
BIA on Deadline for Filing Motion to Reopen or Reconsider
The BIA held that the deadline for filing a motion to reopen or reconsider before the IJ is determined by the date on which the IJ entered a final administrative order, and is not affected by actions taken by the INS in the course of executing the IJ’s order. (Matter of Goolcharan, 2/1/01)
John Ashcroft's Replies to Immigration Questions
Attorney General Designate John Ashcroft's written response to questions about immigration posed by members of the Senate Judiciary Committee, including questions on INS restructuring, expedited removal, due process, domestic violence-based persecution, worksite enforcement, and mail order brides.
Texas Bar Immigration Committee Meeting (1/26/01)
The Texas Bar's immigration committee's 1/26/01 meeting included reports from the TSC, the San Antonio District Office, the Texas Dept. of Human Services, ProBar, AILA, and others.
CA9 Says Reinstatement Does Not Apply to Pre-4/1/97 Reentries
INA 241(a)(5), reinstatement of “removal” orders, not valid when reentry was before IIRIRA’s effective date, 4/1/97. Also, “[W]e seriously doubt that the government’s new reinstatement procedure comports with the Due Process Clause...” (Castro-Cortez v. INS, 1/23/01)
Guidelines for Secondary Inspection Access
A 1/22/01 memo from Michael Pearson, Executive Associate Commissioner (INS), providing secondary inspection access guidelines for visits by non-governmental organizations (NGOs) for expedited removals at ports-of-entry.
EOIR Final Rule with Soriano Regulations
A final EOIR rule, overturning Matter of Soriano, permits certain persons in deportation proceedings begun before 4/24/96 to apply for 212(c) relief. Rule effective 1/22/01. (66 FR 6436 1/22/01)