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
Removal under IIRAIRA
Q&As prepared by AILA regarding removal provisions in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).
Summary Exclusion Under IIRAIRA
Q&As prepared by AILA regarding the summary exclusion and expedited removal provisions in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).
BIA Dismisses Appeal of 212(h) Waiver in Light of IIRIRA
The BIA dismissed the appeal, noting that the respondent was clearly ineligible for a waiver under INA §212(h) as amended by IIRIRA, which was effective as of 9/30/96 and applies to aliens who were in proceedings as of that date. (Matter of Yeung, 11/27/96)
EOIR Final Rule on Expansion of BIA
EOIR final rule expanding the BIA to 15 permanent members, including 14 Board members and a Chairman. Final rule effective 11/22/96. (61 FR 54305, 11/22/96)
Supreme Court Supports INS Discretion for Waivers
The Court discusses INS’ discretion in granting waivers under section 1251(a)(1)(H) involving acts of fraud, further defining the role of settled INS policy on discretionary waiver determinations. (INS v. Yang. 11/13/96)
AILA Amici Curiae on INA 212(c)
AILA amici curiae to the Attorney General on the effects to INA 212(c) of Section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996.
AILA Amicus Brief on Transitional Custody Rules
AILA amicus brief to BIA regarding the effect of Section 303(b)(3) of IIRIRA on custody determination.
AILA Addresses IIRIRA Transitional Rules for Suspension of Deportation
AILA letter to INS General Counsel on the interpretation of the transitional rules for suspension of deportation under IIRIRA §309(c)(5), pertaining to the effective date of the continuous physical presence requirement in relation to the issuance of notices to appear.
DOS Cable with Overview of H.R. 2202
A 10/9/96 DOS cable on the new immigration legislation, H.R. 2202. Although this cable lists many of the consular related issues, additional information and guidance will follow as needed.
INS Commissioner Invokes Custody Rule
A 10/9/96 letter from INS Commissioner Doris Meissner, pursuant to authority delegated to her by the Attorney General, notifying Congress that there is insufficient detention space and personnel for detention purposes and invoking the “Transition Period Custody Rule.”
Chief Immigration Judge Clarifies 309(c)(5) Stance
On October 2, 1996, Chief Immigration Judge Michael Creppy sent an email regarding the retroactivity of the continuous physical presence requirement to IJs throughout the country, seeming to support the INS contention that the provision is in fact retroactive.
Text of Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)
Division C of the Commerce/State/Justice appropriations legislation makes profound and far-reaching changes to the Immigration and Nationality Act.
EOIR Memo on Creation of Immigration Court Advisory Committees
EOIR OPPM 96-5 issued by the Office of the Chief Immigration Judge that disbands the Immigration Judge Advisory Committee, rescinding OPPM 94-5 issued on 4/21/94, and creates Immigration Court Advisory Committees for Detained Hearings, for Non-Detained Hearings, and for Legislation and Regulations.
Status of a Conditional Permanent Resident After Denial of I-751 During Pendency of Review by EOIR
INS Office of the General Counsel issued a legal opinion on the status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR. Also included is a 10/9/97 reminder from Kathy Redman.
CA1 Upholds Denial of Motion to Reopen for VAWA Relief
The court affirmed the denial of Petitioner’s motion to reopen for relief as a battered spouse under INA §204(a)(1)(A)(iii) where Petitioner failed to establish prima facie eligibility for relief. (Carter v. INS, 7/30/96)
CA7 on Retroactivity of AEDPA Section 440
The court held that AEDPA sections 440(a) and (d) do not apply to cases in which deportability was conceded before AEDPA became law, provided the 212(c) applicant would have at least a colorable claim to relief. (Reyes-Hernandez v. INS, 7/17/96)
EOIR Memo on Processing Motions and Appeals
EOIR Operating Policies and Procedures Memorandum No. 96-4, dated 6/19/96, on processing motions and appeals pursuant to the 7/1/96 motions and appeals regulations, which require charges to some of the current procedures for accepting and processing appeals and motions to reopen and reconsider.
BIA Revisits Anderson Extreme Hardship Factors
In granting suspension of deportation to a 24-year-old Nicaraguan who has lived in the U.S. since he was 13, the BIA engaged in a lengthy discussion of the factors to be weighed in the hardship determination. (Matter of O-J-O-, 6/14/96)
BIA Says Female Genital Mutilation Can Be the Basis for Asylum
The BIA found that the respondent, a member of a social group consisting of young women of the Tchamba-Kunsuntu tribe in Togo, who have not had FGM and who oppose the practice, had a well-founded fear of persecution. (Matter of Kasinga, 6/13/96)
BIA/EOIR Liaison Minutes (5/16/96)
Minutes of May 16, 1996, AILA/BIA/EOIR liaison meeting, topics included new motions and appeals regulations, the appeals processing unit, precedent decisions, and fast tracking asylum cases.
INS Advises on Detention Guidelines
A 5/7/96 memo from Chris Sale, Deputy Commissioner (INS) regarding AEDPA Implementation Instruction 1: Amendment to the Mandatory Detention Requirement of Section 242(a)(2) of the Immigration and Nationality Act.
EOIR Update on Changes to Appeals and Motions Procedures
Questions and Answers regarding EOIR's new appeals and motions procedures, effective 7/1/96.
EOIR Final Rule on BIA Motions and Appeals
EOIR final rule streamlining the motions and appeals practice before the BIA and establishing a centralized procedure for filing notices of appeal, fees, fee waiver requests, and briefs directly with the Board. Rule effective 7/1/96. (61 FR 18899, 4/29/96)
DOJ Memo on AEDPA
Memo from Michael Creppy on the signing of the Antiterrorism and Effective Death Penalty Act of 1996.
Writ of Error Coram Nobis Granted
Writ of Error Coram Nobis is granted in immigration case where defendant not informed of consequences of plea and was thereby prejudice. Courtesy of Ralph J. Leardo. (U.S. v. Luna)