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
CA2 Says Petitioner Born in Philippines Is Not a USC
The court held that Petitioner’s birth in the Philippines while that country was a United States territory does not confer United States citizenship upon her under the Fourteenth Amendment. (Valmonte v. INS, 2/11/98)
BIA on Eligibility for 212(h) Waiver
The BIA held that an alien who has not previously been admitted for permanent residence is statutorily eligible for a waiver of inadmissibility under INA 212(h) despite his conviction for an aggravated felony. (Matter of Michel, 1/30/98)
CA10 Addresses Transporting Undocumented Aliens Criteria
CA10 finds that transporting alien a substantial distance for the purpose of seeking employment is not sufficient to sustain a transporting charge. (USA v. Barajas-Chavez, 1/28/98)
EOIR Notice on Suspension and Cancellation Under NACARA
EOIR notice on suspension of deportation and cancellation of removal under NACARA. Filing of motions to reopen will be between 1/16/98 and 9/11/98. (63 FR 3154, 1/21/98)
BIA on Impact of Counterfeit Identity Document on Claim
The BIA held that an ID document that is found to be counterfeit by forensic experts not only discredits the applicant's claim as to identity and nationality but also indicates an overall lack of credibility. (Matter of O-D-, 1/8/98)
INS Advises on Expedited Removal: Additional Policy Guidance
A 12/30/97 memo from Michael A. Pearson Executive Associate Commissioner (INS) addressing policy questions, procedural and logistical problems and quality assurance concerns related to the expedited removal process.
INS Memo with Expedited Removal Guidance
A 12/30/97 memo from Michael A. Benson, Executive Associate Commissioner (INS) regarding implementation of the expedited removal process. (Courtesy of Daniel C. Horne)
INS on Withdrawal of Application for Admission
A 12/22/97 memo from Paul Virtue, Executive Associate Commissioner (INS) regarding withdrawal of application for admission instead of expedited removal.
INS Advises on Withdrawal of Applications for Admission
A 12/22/97 memo from Paul Virtue, Executive Associate Commissioner (INS) reviews and revises Chapter 17.2 of Inspector's Field Manual (IFM), relating to withdrawal of application for admission.
BIA on Definition of "Admission" and Fleuti Doctrine
The BIA held that a returning LPR as described in INA §101(a)(13)(C)(i)-(vi) shall be regarded as "seeking admission" without regard to whether the LPR's departure might previously have been regarded as brief, casual, and innocent under the Fleuti doctrine. (Matter of Collado-Munoz, 12/18/97)
BIA on "Exceptional Circumstances" Exception to Failure to Voluntarily Depart
The BIA held that neither a long-standing minor illness nor an allegation of serious illness to others establishes "exceptional circumstances" under INA §242B(f)(2) without evidence specifying how such circumstances resulted in the alien's failure to depart. (Matter of Ali, 12/9/97)
P.L. 104-141
Full text of a bill 'To require the Attorney General to establish a program in local prisons to identify, prior to arraignment, criminal aliens and aliens who are unlawfully present in the United States, and for other purposes' signed into law on 12/5/97.
AILA and National Lawyers Guild Comments on EOIR Interim Rule on Removal
AILA and the National Immigration Project of the National Lawyers Guild comments to EOIR interim rule providing for implementation of a transitional policy for processing suspension of deportation or cancellation of removal cases.
BIA Says "General Assertion" Is Not Enough to Reopen In Absentia Order
The BIA held that an applicant's general assertion that he was prevented from reaching his hearing on time due to heavy traffic does not constitute reasonable cause that would warrant reopening his in absentia exclusion proceedings. (Matter of S-A-, 11/25/97)
OCIJ on Enactment of NACARA
Directive from Office of the Chief Immigration Judge on the enactment of the Nicaraguan Adjustment and Central American Relief Act, including eligibility qualifications and procedures, and changes to suspension of deportation and cancellation of removal.
H.R. 2607 - Nicaraguan and Central American Relief Act
Full text of the 'Nicaraguan and Central American Relief Act' (NACARA) contained in the 'District of Columbia FY98 Appropriations bill' signed into law on 11/19/97.
Texas Court of Appeals Allows Petitioner to Withdraw Guilty Plea
The trial court granted petitioner a post-conviction writ of habeas corpus and allowed her to withdraw her guilty plea and set aside and dismissed her conviction as the lack of immigration admonitions deprived her of due process and due court of law rights. (Texas v. Jimenez, 11/13/97)
CLINIC Report on Credible Fear and Expedited Removal
Report from the Catholic Legal Immigration Network (CLINIC) on INS implementation of the expedited removal and credible fear screening process.
INS Revises Detention Policy
A 10/22/97 from Mark K. Reed Acting Executive Associate Commissioner (INS) discussing the definition of "lawfully admitted" for purposes of the Transition Period Custody Rules.
EOIR Memo on Procedures for Issuing FY1997 Suspension and Cancellation Orders
An October 15, 1997 memorandum from Michael J. Creppy, Chief Immigration Judge (EOIR) regarding the procedures for issuing conditional grant orders for suspension and cancellation cases reserved in Fiscal Year (FY) 1997.
EOIR Memo with Procedures for Suspension/Cancellation
The following is a October 3, 1997 memo from Michael J. Creppy, Chief Immigration Judge (EOIR) regarding the procedures for issuing conditional grant orders for suspension of deportation and cancellation of removal.
INS Letter Invoking IIRIRA Transitional Period Custody Rules
Undated letter from Doris Meissner, Commissioner, INS to Henry J. Hyde, Chairman, Senate Judiciary Committee, invoking the Transitional Period Custody Rules (TPCR) under IIRIRA §309(b)(3) for FY1998, due to a lack of sufficient INS detention space.
INS Interim Rule on Suspension of Deportation and Cancellation of Removal
INS/EOIR interim rule establishing a procedure for processing suspension of deportation and cancellation of removal and adjustment of status cases. Rule is effective on 10/1/97, with comments due by 12/1/97. (62 FR 51760, 10/3/97)
INS Liason Minutes (9/30/97)
Attached are the minutes from the September 30, 1997 INS/AILA Adjudications Liason Meeting. Please note: These are draft minutes reflecting AILA's interpretation of the meeting and have not yet been approved by INS.
INS on Detention and Release of Criminal Aliens
INS/EOIR proposed rule amending the regulations by establishing a regulatory framework for the detention of criminal aliens pursuant to the Transition Period Custody Rules (TPCR) set forth in the IIRAIRA. (62 FR 48138, 9/15/97)