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 Memo on Administrative Closure for LPRs in Removal Proceedings
A 12/9/98 EOIR memo from Michael Creppy, Chief Judge, regarding administrative closure of case in which an applicant is eligible for cancellation of removal for LPRs in removal proceedings.
EOIR OPPM 98-8: Cancellation of Outdated Operating Policies and Procedures Memoranda
EOIR issues OPPM 98-8, which cancels the following outdated OPPMs: 83-1, 86-9, 87-3, 87-4, 88-2, 89-3, 90-3, 90-6, 92-3, 94-3, and 94-4.
EOIR OPPM 98-9: Administrative Control List and Posting Procedures
EOIR issued OPPM 98-9, which clarifies that the association of INS field offices with an immigration court in the Administrative Control List is provided only as a general guide about where INS may file charging documents. Memo also establishes posting procedures for said list. Supersedes OPPM 87-2.
BIA Says No 212(h) Waiver Where LPR Status Obtained by Fraud
The BIA held that a 212(h) waiver is not available to an alien who was previously admitted for permanent residence but claims that such admission was not lawful because he concealed criminal activities that, if known, would have precluded his admission. (Matter of Ayala-Arevalo, 11/30/98)
BIA Reverses IJ, Finds Respondents Eligible for Suspension of Deportation
In a non-precedent decision, the BIA concluded that the respondents would suffer extreme hardship if deported to the Philippines, noting that they have developed significant economic, familial, and cultural ties to the U.S. (Matter of Abriam, 11/30/98)
INS/EOIR Proposed Rule on Suspension of Deportation and Special Rule Cancellation for NACARA
INS/EOIR proposed rule offering certain beneficiaries of the NACARA who currently have asylum applications pending and their qualified dependents, the option of applying to the INS for suspension of deportation or cancellation of removal under NACARA. Comments due by 1/25/99. (63 FR 64895, 11/24/98)
District Court Remands for 212(c) Determination Post-AEDPA
The court remanded the case to the BIA for a determination on the merits of Petitioner's 212(c) application where it was undisputed that he had made known to the INS his intention of filing for relief prior to the enactment of AEDPA §440(d). (Almonte v. Reno, 11/19/98)
INS Extends Temporary Suspension of Removals for Central Americans Through January 7
The Immigration and Naturalization Service (INS) announces today that it will extend through January 7, 1999, the temporary suspension of removals in effect for aliens from El Salvador, Guatemala, Honduras and Nicaragua.
EOIR OPPM 98-7: Management of the Institutional Hearing Program
EOIR issues OPPM 98-7: Management of the Institutional Hearing Program, which supersedes OPPM 94-7, dated July 18, 1994, and establishes the management and supervision policies of the Institutional Hearing Program (IHP).
AILA Comments on BIA Streamlining
AILA and AILF submitted comments to the proposed regulation EOIR No. 122P, AG 2177-98, 63 Federal Register 49043 (September 14, 1998). This regulation purports to streamline the review of the Board of Immigration Appeals (BIA) of certain decisions.
Court Remands After Finding AEDPA §440(d) Impermissibly Retroactive
The court remanded the case to the BIA for a discretionary determination on the merits of Petitioner's application for relief under §212(c) after concluding that AEDPA §440(d) was impermissibly retroactive as applied to Petitioner. (Ranglin v. INS, 11/12/98)
EOIR Liaison Report (11/5/98)
Report from the AILA/EOIR liaison meeting which was held on November 5, 1998.
BIA on Aggravated Felonies
The BIA held that an alien convicted of an aggravated felony is subject to deportation regardless of the date of the conviction when he is placed in deportation proceedings on or after March 1, 1991, and the crime falls within the aggravated felony definition. (Matter of Lettman, 11/5/98)
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)