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
BIA on "Exceptional and Extremely Unusual" Hardship
The BIA held that for purposes of non-LPR cancellation, the respondent must demonstrate hardship that is substantially different from or beyond that which would normally be expected from the deportation of an alien with close family members in the U.S. (Matter of Andazola-Rivas, 4/3/02)
Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief
Sample petition for writ of habeas corpus to remedy unlawful detention and enjoin Respondents from continuing to deny Petitioner an individualized bond hearing. (April 2002) (Complaint, Amendment, Other Pleading)
AILF Amicus Brief to BIA on Reopening Based on Fundamental Change in Law
BIA request to appear as amicus curiae and brief in support of Board's exercise of sua sponte authority to reopen a respondent's case due to a fundamental change in the law.
BIA Dismisses CAT Claim for Haitian Man
The BIA held that an alien seeking protection under CAT must establish that it is more likely than not that he will be tortured in the country of removal, and that evidence of torture must consist of five elements set forth at 8 CFR §208.18(a). (Matter of J-E-, 3/22/02)
Sign-On Letter Opposing Proposed Regulatory Changes to the BIA
AILA's 3/20/02 sign-on letter where numerous individuals voice their opposition to proposed regulatory changes to the BIA including concerns over measures that make single-Member review the norm and implement a backlog elimination transition period that sacrifices fairness for efficiency.
AILA’s Comments on the Proposed BIA Reform Rule
AILA’s final comments on the Attorney General’s proposal to make structural and procedural changes at the Board of Immigration Appeals, including cutting the number of Board Member positions from 23 to 11.
BIA Excuses Minor for Failing to File for Asylum
The BIA held that the unaccompanied minor who was in INS custody pending removal proceedings during the 1-year period following his arrival in the U.S. established extraordinary circumstances excusing his failure to file for asylum within 1 year. (Matter of Y-C-, 3/11/02)
EOIR/AILA Liaison Meeting (3/7/02)
Approved report from the March 7, 2002, AILA/EOIR Liaison Meeting. Topics included coercive family planning policy cases, asylum EAD clock, and issues of misconduct by private practitioners and judges.
BIA Revisits Removal Due to Marriage, But with Conditions
The BIA held that a properly filed motion to reopen for adjustment based on a marriage entered into after commencement of proceedings may be granted in the exercise of discretion, notwithstanding the pendency of a visa petition. (Matter of Velarde-Pacheco, 3/6/02)
AG Says Drug Trafficking Offenses are Presumptively "Particularly Serious"
The Attorney General reversed three BIA decisions and held that drug trafficking offenses presumptively constitute particularly serious crimes under INA 241(b)(3)(B)(ii). (Matter of Y-L-, 3/5/02)
Bush Administration Proposed Changes to BIA Threaten Due Process
AILA press release on proposed changes to the BIA, asking the Attorney General to promote reform that affirms the independence and impartiality of the Board of Immigration Appeals.
DOJ Proposed Rule to Enact Procedural Reforms at the BIA
DOJ proposed rule that would make a number of procedural reforms at the Board of Immigration Appeals, including cutting the number of BIA Members from 19 to 11.(67 FR 7309, 2/19/02)
Advance Copy of DOJ Proposed Rule to Enact Procedural Reforms at the BIA
The Justice Dept. has filed with the Office of the Federal Register a proposed rule that would make a number of procedural reforms at the Board of Immigration Appeals, including cutting the number of BIA Members from 19 to 11.
BIA on Impact of Deferred Adjudication of Guilt
The BIA held that an alien whose adjudication of guilt was deferred under Texas law following a plea of guilty to possession of a controlled substance is considered "convicted" for immigration purposes. (Matter of Salazar-Regino, 2/14/02)
Letter from BIA Requesting Reconsideration of DUI Rulings
A March 13, 2002 letter from BIA Chairman, responding to letter from AILF and AILA member Tom Hutchins, urging BIA to reconsider Board precedent on the issue of whether a DUI conviction is an aggravated felony.
Sign-On Letter to the Attorney General Regarding BIA Reform
A February 11, 2002, letter to Attorney General Ashcroft, signed by 53 national and local organizations, expressing concerns about the proposed regulatory changes to the Board of Immigration Appeals that were announced on February 6, 2002.
Administrative Closure for Aliens Eligible for TPS and/or DED
A 2/7/02, memo from Dea Carpenter, Deputy General Counsel (INS) instructing that INS should agree to administratively close proceedings involving individuals who are prima facie eligible for temporary protected status (TPS) and/or deferred enforced departure (DED).
AILA Testimony on BIA Reform
Testimony of AILA Member Stephen Yale-Loehr before the House Immigration Subcommittee on Immigration and Claims on the Administration’s proposal to change the Board of Immigration Appeals.
DOJ Guidance on Absconder Apprehension Initiative
A 1/25/02 memo from the Deputy Attorney General sets out guidance to the various DOJ units regarding apprehension and removal of persons subject to a final order who failed to appear for removal.
BIA Finds Possession of a Firearm by a Felon Is an Aggravated Felony
The BIA held that possession of a firearm by a felon in violation of Cal. Penal Code §12021(a)(1) is an aggravated felony under INA §101(a)(43)(E)(ii). (Matter of Vasquez-Muniz, 1/15/02)
INS Reopens Comment Period for 1998 Juvenile Processing Rule
INS has reopened the comment period to a July 24, 1998 proposed rule that would, among other things, establish procedures for processing juveniles in Service custody. Comments under the reopened period are due by March 15, 2002. (67 FR 1670, 1/14/02)
CA9 Holds INA 236(c) Unconstitutional as Applied to LPRs
The court held that for lawful permanent residents detained prior to removal proceedings, due process requires a bail hearing with reasonable promptness. (Kim v. Ziglar, 1/9/02)
Response to Motion to Dismiss Petition for Writ of Habeas Corpus
Sample petitioners’ response to respondent’s motion to dismiss a petition for writ of habeas corpus which raises claims on behalf of a class of persons who have been detained for more than six months and whose removal is not likely in the foreseeable future (2002). (Motion to Dismiss; Rule 12)
Testimony of Ali Al-Maqtari on Due Process
Testimony of Mr. Ali Al-Maqtari before the Committee on the Judiciary of the United States Senate. Mr. Al-Maqtari, the spouse of a U.S. citizen, was detained for nine weeks and denied access to legal counsel.
AILA Testimony on Due Process and the Detention of Ali Al-Maqtari
Testimony of AILA Member Michael Boyle before the Senate Judiciary Committee on the importance of protecting due process and civil liberties in the aftermath of September 11, including examples of detainees that raise questions about their treatment and access to counsel.