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
CA9 Rejects Use of Deportation Order to Establish Alienage in Criminal Case
The court reversed the conviction for illegal reentry after deportation, finding that the government's reliance on the defendant's order to show cause and deportation order to establish alienage was highly prejudicial. (U.S. v. Ortiz-Lopez, 5/16/94)
CA9 Stop by Border Patrol Deemed Illegal
CA9 held that stopping a vehicle based solely on the Hispanic appearance of the passengers was an egregious violation of their Fourth Amendment rights, and the evidence obtained by the border patrol officers should have been excluded. (Mario Gonzalez-Rivera v. INS, 4/28/94)
CA9 Finds Notice of Appeal Form Inadequate
On appeal of a BIA summary dismissal of an asylum related appeal, the Ninth Circuit held that the information contained on the Notice of Appeal regarding the potential of summary dismissal is inadequate. (Padilla-Agustin v. INS, 4/21/94)
INS Settles Bond Case
INS settled a lawsuit for $13K resulting from its refusal to return a bond paid by an individual who departed under voluntary departure. (Huang v. INS, 4/2/94)
INS Letter on B-2 Visa with Waiver of Excludability for Commission of Crimes.
A 03/17/94 letter from Jacquelyn A. Bednarz, Chief, Nonimmigrant Branch, INS regarding the B-2 visa with waiver of excludability for commission of crimes.
Government Settles First Judgment Against INS for Wrongful Deportation
The U.S. government has determined to not appeal a judgment of close to $300,000 for the negligent failure of INS officers to follow INS procedures in effecting the 1987 deportation of five Koreans who were eligible to apply for legalization. (Kim v. U.S., 3/16/94)
CA9 Refuses to Extend Fleuti Doctrine to Non-LPR
Noting that the Fleuti exception only applies to LPRs, the court refused to extend it to the petitioner who entered illegally in 1975 and left in 1979 for three days to visit her parents who were ill. (Mendoza v. INS, 2/7/94)
EOIR Memo on Cancellation of Outdated OPPMs
EOIR memo 93-4, dated 12/22/93, outlines the 38 cancelled Operating Policies and Procedures Memorandums (OPPMs) and indicates the reasoning for the cancellation.
EOIR Memo on Immigration Judge Decisions and Orders
EOIR memo 93-1, dated 5/6/93, with procedures for written, oral and in absentia Immigration Judge decisions and Immigration Judge orders, to provide uniformity and consistency in Immigration Judge proceedings.
EOIR Memo II on the ABC v. Thornburg Settlement
EOIR memo 91-1, dated 1/11/91, the second memo on the American Baptist Churches v. Thornburgh settlement, and administrative closure of El Salvadoran and Guatemalan cases subject to temporary protected status and the settlement.
EOIR Memo on the ABC v. Thornburg Settlement
EOIR memo 90-9, dated 12/20/90, on the American Baptist Churches v. Thornburgh settlement and its impact on El Salvadorans with applications for political asylum and their eligibility for TPS.
EOIR Memo on Handling Charging Document in Administratively Closed Cases
EOIR OPPM 90-4, issued on 6/5/90 by Chief Immigration Judge William R. Robie, establishes that the Office of the Immigration Judge will retain the original charging document in the Record of Proceeding when an immigration judge has administratively closed a case.
BIA Acknowledges Homosexuality as Particular Social Group
The BIA found that the respondent, a homosexual male from Cuba, established his membership in a particular social group and demonstrated that his freedom was threatened for purposes of withholding under former INA §243(h). (Matter of Toboso-Alfonso, 3/12/90)
EOIR Memo on Courtroom Security
EOIR memo 88-9, dated 11/29/88, on courtroom security in detained and non-detained circumstances.
EOIR Memo on Charging Documents in Previously Administratively Closed Cases
EOIR memo 88-3, dated 5/11/88, with procedures for filing of charging documents in cases previously administratively closed including actions by Immigration Judge support personnel and the Immigration Judge.
EOIR Memo on Automation of the Manual Information System on ANSIR
EOIR OPPM 87-1, issued by Chief Immigration Judge William Robie on 1/14/87, sets forth the policies and procedures for the manual Information System for ANSIR cities only. Memo is effective 1/1/87. Memo was rescinded 6/15/17 per EOIR website.
BIA Finds Lawyer’s Concession of Deportability in Motion for Change of Venue Is Binding
The BIA held that, absent a showing of egregious circumstances, an attorney's decision to concede an individual’s deportability in a motion for change of venue is binding upon the individual as an admission. Matter of Velasquez, 19 I & N Dec. 377 (1986)
EOIR Memo on Adjustment of Status and Creation of Record of Lawful Permanent Residence; Other INS Forms and Background Investigations
EOIR OPPM 86-1, issued 3/14/86 by Chief Immigration Judge William Robie, establishes policy on the role of INS Form I-181 (Memorandum of Creation of Record of Lawful Permanent Residence), other INS forms, and background investigation documents in EOIR proceedings. Memo was rescinded 6/15/17.
EOIR OPPM 84-9: Processing Hearing Transcriptions
EOIR issued Operating Policies and Procedures Memorandum 84-9, on processing hearing transcriptions and the Immigration Court’s serious backlog.
EOIR OPPM 84-7: Court Proceedings Against EOIR Employees
EOIR issued Operating Policies and Procedures Memorandum 84-7, on court proceedings against EOIR employees, stating that in most circumstances, DOJ will represent its employees in tort action or other court proceedings.
EOIR Memo on Failures to Appear
EOIR memo 84-2, dated 3/7/84, with procedures for cases in which the respondent/applicant fails to appear for a hearing and options available to the Immigration Judge. This memo was rescinded on 9/18/18.
EOIR OPPM 84-1: Case Priorities and Processing
EOIR issued Operating Policies and Procedures Memorandum 84-1: Case Priorities and Processing on detained cases, processing of detained bond redetermination hearings, use of questionnaires and bond redetermination hearings, and exclusion and other cases.
BIA Finds Preconceived Intent Alone Is Insufficient Basis for Denial of an Adjustment Application
The BIA held that if preconceived intent is the only adverse factor in an adjustment of status application in the case of an immediate relative, the application should ordinarily be granted as a matter of discretion absent other negative factors. Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980)
AILA Amicus Brief in Support of John Lennon’s Adjustment of Status
AILA (formerly the Association of Immigration and Nationality Lawyers) amicus brief from 1975 arguing Lennon’s 1968 marijuana conviction was not for a crime involving mens rea, and urging the rejection of the decision to deny his adjustment of status. Courtesy of Jason Abrams.
Supreme Court Says Certain Immigration Decisions Made Outside the Context of Deportation Proceedings Are Not Subject to Review
The U.S. Supreme Court held that the judicial review provisions of INA §106(a) embrace only those determinations made during a proceeding conducted under INA §242(b), including those determinations made incident to a motion to reopen such proceedings. (Cheng Fan Kwok v. INS, 1968)