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 Change in Law as Basis for Sua Sponte Reopening
The BIA held that in order for a change in law to qualify as exceptional situation meriting sua sponte reopening or reconsideration, the change must be fundamental in nature and not merely an incremental development. (Matter of G-D-, 11/23/99)
AILA/AILF Submit Comments on Expedited Removal Regulations
AILA, AILF, and other groups submit comments to INS on its planned pilot program authorizing expedited removal of certain aliens incarcerated in three Texas facilities.
BIA Overturns IJ's Denial of NACARA Suspension
In an unpublished decision dated 11/15/99, the BIA sustained the appeal of the immigration judge’s denial of suspension of deportation under §203 of the Nicaraguan and Central American Relief Act of 1997 (NACARA).
DOJ Exempts EOIR Files from Privacy Act
DOJ final rule exempting EOIR system of records "Practitioner Complaint/Disciplinary Files," (Justice /EOIR-003) from the Privacy Act. Rule is effective 11/15/99. (64 FR 61786, 11/15/99)
Report from EOIR Liaison Meeting (11/8/99)
Report of the 11/8/99 meeting between AILA and EOIR where the proposed Rules of Professional Responsibility were discussed. AILA raised concerns that the changes provided for harsh penalties for a wide range of conduct and did not apply to trial attorneys. Minutes prepared by Royal F. Berg.
EOIR Liaison Meeting Minutes (11/8/99)
Liaison minutes from the EOIR/AILA liaison meeting that was held on November 8, 1999.
Amicus Brief in Fu v. Reno
Amicus brief filed in Texas by AILF in support of plaintiff's motion for reconsideration in Fu v. Reno, (N.D.Tex.) arguing that the court has jurisdiction over the matter.
BIA on Transition Period Custody Rules
The BIA held that INA 236(c) does not apply to aliens whose most recent release from custody by an authority other than the INS occurred prior to the expiration of the Transition Period Custody Rules. (Matter of Adeniji, 11/3/99)
BIA Says "Actions Taken" Include BIA Appeals
The BIA held that the term "actions taken" in IIRIRA 321(c), which limits the applicability of the aggravated felony definition, includes consideration of a case by the BIA such that the definition is applicable to cases decided by the Board on or after 9/30/96. (Matter of Truong, 10/20/99)
DOJ Final Rule on Streamlined Appellate Review Procedure for BIA
DOJ final rule, amending 8 CFR Part 3, authorizing single Board members to summarily affirm certain rulings and to adjudicate on merits certain other rulings, as an effort to streamline the appellate review procedure. Rule effective 10/18/99. (64 FR 56135, 10/18/99)
BIA and IJ Have Jurisdiction to Review Denial of 209(c) Waiver
The BIA held that immigration judges and BIA have jurisdiction to adjudicate an alien’s request for a waiver of inadmissibility under to INA §209(c), following INS’s denial of such waiver. (Matter of H-N-, 10/13/99)
BIA Upholds IJ's Order of Removal
The BIA held that the IJ’s failure to expressly explain the basis for the removal decision, while inappropriate, did not necessitate remand for issuance of full and separate decision. (Matter of Rodriguez-Carrillo, 10/12/99)
EOIR Liaison Update from Roundtable Discussion at National Conference
EOIR update by Royal F. Berg and Carlina Tapia-Ruano from roundtable discussion with senior EOIR officials at national conference in Seattle. Also appeared in the October 1999 AILA Monthly Mailing.
Presidential Memorandum Deferring Liberian Deportation for One Year
Memorandum to the Attorney General from President Clinton deferring deportation of Liberian nationals who were present in the U.S. as of 09/29/99.
DOJ Proposed Rule on Exemption of Records Under the Privacy Act
DOJ proposed rule on the exemption of EOIR records from the Privacy Act, exemptions are necessary to avoid interference with the law and regulatory enforcement functions of EOIR. Comments are due by 10/12/99. (64 FR 49117, 9/10/99)
AAO Declares Bond Breached When Subject Failed to Appear
AAO dismissed the obligor’s appeal, upholding the breach of a $3,500 delivery bond after the obligor failed to present the bonded alien for removal.
BIA Says Physical Presence Can Accrue After Service of OSC
In an unpublished decision, the BIA held that the required period of continuous physical presence can be accrued after service of an Order to Show Cause in suspension of deportation cases.
BIA Finds No Jurisdiction Over Motion to Remand
The BIA held that where an alien files a motion to remand during the pendency of an appeal from an IJ's denial of a motion to reopen and more than 90 days have passed since entry of the final administrative decision, the motion is time-barred. (Matter of L-V-K-, 8/10/99)
BIA on Duty of IJ to Provide Information on Voluntary Departure
The BIA held that if the record does not indicate that an alien has been convicted of an aggravated felony or charged with deportability under INA 237(a)(4), the IJ has a duty to provide the alien with information about voluntary departure. (Matter of Cordova, 8/6/99)
EOIR Correction on Deadline for NACARA Motions to Reopen
EOIR published a correction notice announcing that the actual due date for motions to reopen NACARA cases is 11/18/99. The original notice specified a set number of days for the deadline, but not an actual date. (64 FR 42146, 8/3/99)
BIA on Commencement of Proceedings for VWP Travelers
The BIA held that under 8 CFR §217.4(a)(1), proceedings against an alien who has been refused admission under the Visa Waiver Program and who has applied for asylum must be commenced with a Notice of Referral to Immigration Judge (Form I-863). (Matter of Kanagasundram, 7/29/99)
EOIR Provides Deadline to File NACARA Motions to Reopen
EOIR notice that individuals who filed an abbreviated motion to reopen their cases, on or before 9/11/98, in order to apply for benefits under NACARA, must complete the motion to reopen within 150 days from 6/21/99. (64 FR 40389, 7/26/99)
BIA on MTRs Based on Changed Circumstances
The BIA held that aliens seeking to reopen exclusion proceedings to apply for asylum or withholding based on changed circumstances who meet the general requirements for MTRs need not demonstrate "reasonable cause" for failure to appear. (Matter of A-N- & R-M-N-, 7/23/99)
AILF-AILA Comment to May 21 NACARA Rule
AILF and AILA submitted a joint comment letter July 15, 1999 to the INS interim rule on NACARA.
BIA on Timing of MTRs Following Judicial Review
The BIA held that a motion to reopen a decision of the Board following judicial review is untimely if it is filed more than 90 days after the date of the Board's decision, even if the motion is filed within 90 days of the order of the court. (Matter of Susma, 6/24/99)