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
Error Coram Nobis Writ to Avoid IIRAIRA Impact
The SDNY granted a writ of error coram nobis to reduce a prison term from a year and a day to the 10 months served, specifically for the purpose of avoiding IIRAIRA's retroactive impact on what is now considered an aggravated felony. (U.S. v. Ko,)
CA9 Rebuffs Soriano
The court refused to follow Soriano, holding that AEDPA §440(d) does not apply to deportation cases pending when AEDPA was passed, and that AEDPA and IIRAIRA do not repeal habeas relief under 28 USC §2241. (Magana-Pizano v. INS, 12/27/99)
BIA Says Arizona Aggravated DUI Is a CIMT
The BIA held that a conviction under Arizona law for an aggravated DUI, which requires knowledge that the driver is prohibited from driving, is a crime involving moral turpitude. (Matter of Lopez-Meza, 12/21/99)
BIA Press Release on BIA Practice Manual
The BIA has issued three new publications to provide basic information to individuals involved in immigration proceedings and to answer FAQs about how the appeals process works at the Board.
BIA on Interpreting the Aggravated Felony Definition
The BIA held that where an appellate court interprets the aggravated felony definition for purposes of a criminal sentence enhancement, the BIA may interpret it differently for purposes of implementing the immigration laws in cases arising within that circuit. (Matter of K-V-D-, 12/10/99)
INS General Counsel List of Resolved Issues
The INS General Counsel has provided a list of 21 issues that have been resolved through AILA liaison. Among other things, various unlawful presence and 245(i) questions are addressed.
INS General Counsel Opines on Administrative Closure
A 12/7/99 memo from Bo Cooper, General Counsel (INS) providing guidance on administrative closure of proceedings for non-permanent residents eligible for repapering.
BIA Says "Reasonable Cause" Standard Applies to MTR In Absentia Proceedings
The BIA held that when an alien seeks to reopen in absentia proceedings, it is appropriate to apply the "reasonable cause" standard, not the "exceptional circumstances" standard set forth in INA §242B. (Matter of Cruz-Garcia, 11/30/99)
BIA on Confidentiality of SAW Applications
The BIA held that information provided in an application to adjust an alien’s status to that of a lawful temporary resident under INA §210 is confidential and prohibited from use in rescission proceedings under INA §246. (Matter of Masri, 11/30/99)
EOIR Report: Evaluation of the Rights Presentation
During FY1998, the EOIR funded a short-term pilot project designed to augment the due process information detainees receive from immigration judges. Three nonprofit organizations provided daily “rights presentations” to INS detainees. This report provides a summary of the evaluation findings.
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)