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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
Court Says Jury Properly Rejected Plaintiff's USC Claim
Finding no error in the jury instructions, the court held that the jury properly rejected a claim of U.S. citizenship by the plaintiff, an alleged alien who was charged with illegally re-entering the U.S. (U.S. v. Marin-Cuevas, 6/8/98)
AILA Press Release on IIRAIRA Reform
AILA press release on IIRAIRA reform and potential changes to expedited removal, judicial review, bars to admissibility, aggravated felonies, 212(c) relief, and suspension of deportation.
CA5 Upholds Denial of Motion to Suppress
Motion to suppress evidence from a Border Patrol stop denied where the totality of the circumstances was sufficient to justify the stop in this case. (United States v. Nichols, 5/29/98)
U.S. Sentencing Commission with Sentencing Guidelines for U.S. Courts
U.S. Sentencing Commission proposed amendment for comment with sentencing guidelines, including a diminished capacity departure if there is sufficient evidence that the defendant committed the offense while suffering from a significantly reduced mental capacity. (63 FR 28201, 5/21/98)
BIA Rejects Foot Injury as Excuse for Failure to Appear
The BIA held that the alien failed to show that a foot injury he suffered the day before his hearing amounted to exceptional circumstances to excuse his failure to appear where he failed to explain why he did not contact the court or provide supporting evidence. (Matter of B-A-S-, 5/20/98)
BIA Finds "Illegible Hearing Date" Insufficient to Excuse Failure to Appear
The BIA held that an alien who claimed that his failure to appear resulted from an "illegible hearing date" on the OSC and hearing notice failed to establish that he received inadequate notice or that his absence was due to exceptional circumstances. (Matter of S-M-, 5/20/98)
DOJ Final Rule on Criminal Detention under IIRAIRA
DOJ final rule amending the regulations of the INS and the EOIR to establish a regulatory framework for the detention of criminal aliens pursuant to the Transition Period Custody Rules set forth in IIRIRA. Effective 6/18/98. (63 FR 27441, 5/19/98)
CA9 Upholds Summary Judgment in Class Action Challenge to 274C Rules
In a class action case, the court upheld the district court's grant of summary judgment and found that the procedures used to obtain final orders under the document fraud provisions of INA 274C violated the rights of the class to procedural due process. (Walters v. INS, 5/18/98)
INS on NACARA Dependents
A 5/15/08 memo from Paul W. Virtue, General Counsel (INS) discussing NACARA dependents who may be eligible to apply for benefits following a grant of suspension of deportation or cancellation of removal to a qualified spouse or parent (NACARA principal).
OCIJ Memo on Continuances for Dependents of NACARA
OCIJ memo from Michael Creppy, Chief Immigration Judge, dated May 13, 1998, addresses continuances for spouses, children, and unmarried sons and daughters of individuals who are eligible for suspension of deportation or cancellation of removal under NACARA.
CA2 Dismisses Claims for Lack of Jurisdiction under INA §242(g)
The court held that INA §242(g) divests it and the district court of jurisdiction to decide Plaintiffs’ claims which relate to "the decision of the Attorney General to commence proceedings, adjudicate cases, or execute removal orders." (Jean-Baptiste v. Reno, 5/8/98)
AILA/EOIR April 1998 Liaison Report
April 1998 AILA/EOIR liaison report by Royal F. Berg.
EOIR Liaison Meeting Minutes (4/30/98)
EOIR liaison minutes from an April 30, 1998 liaison meeting between AILA and the Executive Office for Immigration Review (EOIR), topics include NACARA/suspension issues, detention and bond, asylum, attorney conduct, and process issues.
INS Memo on Convention Against Torture
A 4/27/98 memo from Joseph Langlois, Deputy Director (INS) providing guidance on procedures and the role of the asylum officer in the Article 3 of the Convention against Torture process.
INS on Section 241(a)(5)
INS update on Section 241(a)(5) applicability to persons entering U.S. with facially valid visas.
Report of AILA General Counsel
The following 'Report of AILA General Counsel' by H. Ronald Klasko addresses issue resolved at the April 23, 1998 INS General Counsel meeting.
Court Finds Filing of Post-Removal AOS the Functional Equivalent of a MTR
The court found that Plaintiff's filing of a post-removal order adjustment application with the District Director was the functional equivalent of a motion to reopen and that it lacked jurisdiction to review the DD's denial post-IIRAIRA. (Bains v. Schiltgen, 4/21/98)
INS Interim Rule on Definition of Arriving Alien
INS interim rule to exempt from the new expedited removal procedures aliens who were paroled into the United States before 4/1/97, as well as aliens who, either before or after 4/1/97, return to the United States pursuant to a grant of advance parole. (63 FR 19382, 4/20/98)
EOIR Notice on Address Change for BIA
Executive Office for Immigration Review (EOIR) notice on their April 6, 1998, address change. (63 FR 16572, 4/3/98)
Court Dismisses Bond Redetermination Case for Failure to Exhaust
The court dismissed the habeas petition without prejudice to give the BIA the opportunity to rule on the government's appeal of the IJ's decision that Petitioner was entitled to a bond redetermination hearing. (Thompson v. INS, 4/3/98)
BIA Finds Harm Suffered Rose to Persecution in the Aggregate
An alien who suffered repeated beatings and received multiple threats, whose apartment was vandalized, and whose son was degraded and intimidated on account of his Jewish nationality established that he suffered harm which rises to the level of persecution. (Matter of O-Z- & I-Z-, 4/2/98)
BIA Says an Alien Returning to the U.S. on Advance Parole Is an "Arriving Alien"
The BIA held that an alien who arrives in the U.S. on advance parole is an "arriving alien," as defined in the regulations and that the IJ has no authority to consider the bond request of an alien returning pursuant to a grant of advance parole. (Matter of Oseiwusu, 3/25/98)
BIA on Jurisdiction Over Motion to Reconsider Dismissal of Appeal
Where the BIA dismisses an appeal as untimely, it retains jurisdiction over a motion to reconsider the dismissal of the appeal to the extent that the motion challenges the finding of untimeliness. (Matter of Lopez, 3/24/98)
AILA Comments on Professional Conduct
AILA and AILF submitted comments on proposed regulations regarding professional conduct for practitioners published at 63 Fed. Reg. 2901 (January 20, 1998).
INS HQ Liaison, 3/19/98
Draft minutes of March 19, 1998, INS Headquarters liaison meeting.