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
EOIR Final Rule Amending NACARA Motions to Reopen
This rule amends the regulations of the Executive Office for Immigration Review (EOIR) by extending the time period for filing a NACARA application. Final rule effective 3/22/99. (64 FR 13663, 3/22/99)
EOIR Liaison Meeting Minutes (3/18/99)
Minutes from the EOIR/AILA Liaison Meeting which was held on March 18, 1999.
EOIR Approved Liaison Meeting Minutes (3/18/99)
Final minutes from EOIR Liaison meeting held March 18, 1999, as approved by EOIR on September 22, 1999.
BIA Respond to AILA Question on MTR Format
BIA response to AILA question regarding the format for motions to reopen, including suggested order of submission items.
Court Finds Jurisdiction Over Habeas Petition Post-AEDPA
The court dismissed the habeas petition challenging the retroactivity of AEDPA 440(d), finding jurisdiction over the petition but concluding that Petitioner failed to state a constitutional claim. (Waddell v. BIA, 3/11/99)
BIA on Discretionary 212(i) Waiver Determinations
The BIA held that the underlying fraud or misrepresentation for which an alien seeks a waiver under INA 212(i) may be considered as an adverse factor in adjudicating the waiver application in the exercise of discretion. (Matter of Cervantes-Gonzalez, 3/11/99)
BIA Finds Respondent Deportable for Fraud Attempt Conviction
The BIA held that an alien convicted of submitting a false claim with intent to defraud arising from an unsuccessful scheme to obtain $15,000 from an insurance company was convicted of attempted fraud, an aggravated felony. (Matter of Onyido, 3/4/99)
BIA Says State Vacatur Has No Effect on Conviction for Immigration Purposes
The BIA held that an alien who has had his guilty plea to the offense of possession of a controlled substance vacated and his case dismissed upon termination of his probation under Idaho law is considered to have a conviction for immigration purposes. (Matter of Roldan-Santoyo, 3/3/99)
Draft INS Memo on Access to Legal Representation
A 3/1/99 draft INS memo regarding detainee access to legal representation.
Supreme Court Rejects Right to Selective Enforcement Defense
The Court ruled that noncitizens have no constitutional right to have federal courts rule on their selective enforcement claims before their deportation hearings are held. (Reno v. American-Arab Anti-Discrimination Committee, 2/24/99)
Supreme Court Limits Federal Court Jurisdiction
AILA summary of the Supreme Court ruling in Reno v. American-Arab Anti-Discrimination Committee.
INS Interim Rule and Correction Concerning the Convention Against Torture
INS interim rule establishing procedures for raising a claim for protection from torture, as directed by the Foreign Affairs Reform and Restructuring Act of 1998. Rule also establishes new deferral of removal procedures. (64 FR 13881, 3/23/99) (64 FR 8477, 2/19/99)
Limited Presumption of Extreme Hardship under Section 203 of NACARA
A 2/12/99 DRAFT memo from Paul Virtue, General Counsel (INS) on 'presumption of extreme hardship' concluding 'that a rebuttable presumption would be permissible under limited circumstances' and would be available only to certain class members.
INS on Extension of Filing Completion Deadline for NACARA MTR
A 2/8/99 memo from Paul Virtue, General Counsel (INS) announcing that the deadline for supplementing NACARA motions to reopen will be extended to a date 150 days from the effective date of the rule implementing Section 203 of NACARA.
INS Advises on Detention Procedures
A 2/3/99 memo from Michael Pearson, Executive Associate Commissioner (INS) clarifying the authority of District Directors to make release decisions and emphasizing the need to provide a review of administratively final order detention cases.
CA10 Remands on Controlled Substance Issue
Case remanded to BIA for possession of controlled substance was a state class four felony while it was only a misdemeanor under Federal law. (Esparza-Treto v. INS, 2/2/99)
BIA Says Transporting an Illegal Alien Is an Aggravated Felony
The BIA held that an alien who is convicted of transporting an illegal alien within the U.S. in violation of INA 274(a)(1)(A)(ii) is convicted of an aggravated felony as defined in INA 101(a)(43)(N). (Matter of Ruiz-Romero, 2/1/99)
CA3 on Post-AEDPA Habeas and 212(c) Availability
The court held that the district court did not err in finding jurisdiction over Petitioner's habeas claims and that AEDPA's amendment to INA 212(c) does not apply to cases pending on the date of enactment. (Sandoval v. INS, 1/26/99)
CA3 on Post-AEDPA Federal Court Jurisdiction
The court held that AEDPA and other 1996 immigration amendments did not remove the federal district court's jurisdiction to review deportation orders for violations of statutory or constitutional rights. (Sandoval v. Reno, 1/26/99)
BIA Provides Framework for IJ Summary Decisions
The BIA held that a summary decision under 8 CFR §240.12(b) may properly be issued by an IJ in removal proceedings in lieu of an oral or written decision only when the respondent has expressly admitted to both the factual allegations and the charges of removability. (Matter of A-P-, 1/26/99)
BIA on "Particularly Serious Crime" Determination
The BIA held that first degree armed robbery of an occupied home, where the sentence imposed was 55 months imprisonment, is a "particularly serious crime" rendering the alien ineligible for withholding. (Matter of S-S-, 1/21/99)
VSC Approves VAWA-Based I-360
The Vermont Service Center approved a special immigrant petition based on the Violence Against Women Act (VAWA), finding that the petitioner still met the good moral character requirement despite a petit larceny conviction.
EOIR Memo on Faxing Policy Between INS, Guam, and Honolulu Immigration Court
EOIR memorandum 99-3 provides the facsimile policy between INS, Guam and Honolulu, HI due to an increase in issuance of charging documents. Faxes are only allowed between INS, Guam, and Honolulu and Guam INS is required to mail the original charging document within ten days of the faxed documents.
CA1 Finds No Nexus in Algerian Asylum Claim
The court found that substantial evidence supported the BIA’s determination that Petitioner failed to prove past persecution or a well-founded fear of persecution in Algeria on one of the grounds enumerated in the statute. (Debab v. INS, 12/22/98)
CA7 Says AEDPA 440(a) Permits Direct Review of Consitutional Claims
The court held that direct review remains available under AEDPA section 440(a) for aliens wishing to challenge their deportation on constitutional grounds. (LaGuerre v. Reno, 12/22/98)