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 In Absentia Motions to Reopen
The BIA held that where an alien did not receive oral warnings of the consequences of failing to appear and moves to reopen to apply for relief that was unavailable at the time of the hearing, the regulatory requirements under 8 CFR §§3.2(c) and 3.23(b)(3) apply. (Matter of M-S-, 10/30/98)
BIA Finds No Compelling Reasons to Grant Asylum Where Conditions Changed in Afghanistan
The BIA found that the applicant failed to establish compelling reasons for being unwilling to return to Afghanistan where he suffered beatings during a month-long detention and the disappearance and likely death of his father. (Matter of N-M-A-, 10/21/98)
INS Memo with New Detention Guidelines
A 10/7/98 memo from Michael Pearson, Executive Associate Commissioner (INS) providing instructions on the application of the new detention guidelines.
District Court Rules on Motion in Case Involving Detainee Mistreatment
The government's motion to dismiss was granted in part and dismissed in part in a case brought by asylum seekers alleging mistreatment while being detained in an Elizabeth, New Jersey immigration detention facility. (Jama v. INS, 10/1/98)
INS Rule on Suspension and Cancellation of Removal
INS rule eliminating the conditional grant process at 8 CFR 240.21, and establishing a permanent procedure for processing suspension of deportation and cancellation of removal cases in accordance with NACARA and IIRAIRA provisions. (63 FR 52134, 9/30/98)
CA5 Grants Motion to Suppress
CA5 finds that a Border Patrol stop violated the Fourth Amendment, and grants the motion to suppress. (U.S. v. Moreno-Chaparro, 9/30/98)
EOIR Memo on Suspension/Cancellation Cap Procedures
Memo from Chief Immigration Judge Creppy, dated September 29, 1998, on suspension/cancellation cap - procedures on handling applications for suspension/cancellation based on the interim regulation.
BIA Final Rule Expanding Board to 18 Permanent Members
EOIR final rule provides for an expansion of the Board of Immigration Appeals to an 18-member permanent Board, due to the Board's increasing caseload. Rule is effective 9/28/98. (63 FR 51518, 9/28/98)
AILA-INS General Counsel Liaison (9/25/98)
Minutes from the September 25, 1998, AILA-INS General Counsel meeting. Issues covered include 245(i), EAD extensions, Matter of Izuumi policy, unlawful presence accrual, removal and conditional grants.
BIA Finds No Ineffective Assistance of Counsel
The BIA held that where counsel's insistence on corroborating evidence discouraged the respondents from seeking asylum, but was reasonable in light of case precedent, there is no showing of ineffective assistance of counsel. (Matter of B-B-, 9/24/98)
CA2 Finds Habeas Jurisdiction for Aliens “in Custody”
The court held that the federal courts have jurisdiction under 28 USC §2241 to grant writs of habeas corpus to aliens when those aliens are “in custody in violation of the Constitution or laws or treaties of the United States.” (Henderson v. INS, 9/18/98)
BIA on Exercise of Prosecutorial Discretion
The BIA found no jurisdiction to review a decision by INS to exercise prosecutorial discretion before the charging document is filed with the court, and that once it is filed, the Service may move to terminate but may not simply cancel the charging document. (Matter of G-N-C-, 9/17/98)
EOIR Proposed Rule on Appellate Review
This proposed rule would establish a streamlined appellate review procedure for the Board of Immigration Appeals due to the unprecedented increase in the number of appeals being filed with the Board. (63 FR 49043, 9/14/98)
INS Additional Guidance on NACARA Motions to Reopen
A 9/9/98 memo from Paul Virtue, General Counsel (INS) providing additional guidance on NACARA motion to reopen. The memo advises regional and district counsel to utilize restraint in opposing motions to reopen.
INS Proposed Rule on Surrender of Aliens Ordered Removed
INS proposed rule to require aliens subject to a final order of removal to surrender to the Service. This rule also establishes procedures for surrender, and bars persons violating these procedures from obtaining discretionary immigration benefits. (63 FR 47205, 9/4/98)
OCIJ Memo on NACARA MTR Deadline
Memo from Office of Chief Immigration Judge, dated September 4, 1998, on deadline for filing Motions to Reopen (MTR) under NACARA. Immigration Courts must continue to accept MTRs filed under section 203(c) of NACARA up to the close of business on September 11, 1998.
INS on NACARA Motions to Reopen Regarding Dependents
A 9/1/98 memo from Paul Virtue, General Counsel (INS) stating that NACARA-eligible individuals must file MTRs no later than 9/11/98. The memo specifically addresses the issue of dependents of NACARA-eligible individuals.
AILF Press Release on AILA v. Reno
AILF press release on the case, AILA v. Reno, et al, which challenged INS's implementation of expedited removal legislation in IIRIRA.
Court Rejects IIRIRA Challenge
The court rejects the assertion that the Interim Regulations implementing IIRIRA violate the intent of IIRIRA; that the INS fails to follow the Interim Regulations; and that IIRIRA and the Interim Regulations violate the Constitution. (AILA v. Reno, 8/27/98)
BIA Finds No Jurisdiction to Review Claim for Relief Under CAT Article 3
The BIA lacks jurisdiction to adjudicate a claim for relief from deportation under Article 3 of the U.N. CAT as there has been no legislation implementing Article 3, no regulations have been promulgated, and Article 3 is a non-self-executing treaty provision. (Matter of H-M-V-, 8/25/98)
District Court Finds AEDPA § 440(d) Not Retroactive
Petition for a writ of habeas corpus GRANTED to the extent that the case REMANDED to the BIA for a discretionary determination of the merits of the application for relief under the old INA § 212(c). (Perez v. Reno, 8/25/98)
CA5 Finds Vehicle Stop Violates 4th Amendment
CA5 finds a Fourth Amendment violation and conclude that there were insufficient articulable facts surrounding the Border Patrol's stop of a vehicle to satisfy the constitutional requirement of reasonable suspicion. (U.S. v. Rodriquez-Rivas, 8/17/98)
Amicus Brief in In the Matter of Yahia Meddah
Brief of amici curiae to the BIA, in the Matter of Yahia Meddah and whether under the Convention Against Torture, an individual may be removed to a country where there is substantial grounds for believing that the individual would be in danger of being subjected to torture.
EOIR OPPM 98-6 Detail City Coverage
Memo was rescinded 9/18/18. EOIR issues OPPM 98-6, Detail City Coverage, which updates the location and frequency of detail city coverage for each Immigration Court and sets forth guidelines to provide for detail city caseload coordination with base city operations. Supersedes OPPM 86-11.
BIA Says Post-6/20/91 OSC Must be Filed with Court to Initiate Proceedings
The BIA held that in order to commence proceedings against an alien for purposes of INA 204(g) and 245(e)(2), an OSC and notice of hearing that was issued on or after June 20, 1991, must be filed with the immigration court. (Matter of Casillas, 8/4/98)