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
INS Rule on Terminating Temporary Resident Status
INS final rule providing the procedures, in specified circumstances, for the automatic termination of temporary resident status upon the entry of a final order of deportation or exclusion. (60 FR 21039, 5/1/95)
P.L. 104-132, AEDPA
Full text of the 'Antiterrorism and Effective Death Penalty Act of 1996' (AEDPA) signed into law on 4/27/95.
BIA Upholds Adjustment Grant under the Chinese Student Protection Act
The BIA upheld the grant of adjustment of status under the CSPA where the applicant was statutorily ineligible at the time of filing but subsequently became eligible for adjustment with the passage of 245(i). (Matter of Li, 4/20/95)
INS Proposed Rule on Alternative Deportation Procedures
INS proposed rule to establish alternative administrative deportation procedures for aliens who have been convicted of aggravated felonies, are not admitted for permanent residence and not eligible for any relief from deportation. Comments due by 5/30/95. (60 FR 16386, 3/30/95)
Parole Decision in Golden Venture Cases
The U.S. District court for the Middle District of Pennsylvania on Mar. 15th found that DD Blackman had abused his parole discretion in approximately 150 Golden Venture cases. Courtesy of Jane Kochman, AILF.
Presidential Memo on Deterring Illegal Immigration
A memorandum from President Clinton on the administrations policies for deterring illegal immigration. (60 FR 7885, 2/7/95)
Legal Opinion on Excludability Under Customs Zero Tolerance Fines
A 1/20/95 letter from T. Alexander Aleinikoff, General Counsel, to INS stating that it may not seek an individual’s exclusion as an alien who has admitted a controlled substance violation, based solely on the alien’s having signed the “Agreement to Pay Monetary Penalty.”
Amicus Brief on 212(c) Domicile
AILA/AILF joint amicus brief to the Fifth Circuit Court argues that "lawful domicile" for a waiver of deportation or exclusion under 212(c) of the Immigration and Nationality Act (INA), 8 USC 1182(c), can be accrued in a variety of statuses, not limited to permanent residence.
BIA Says IJs Have Jurisdiction Over 245(i) Cases
The BIA held that notwithstanding a clerical error in the redundant designation of section 245(i), immigration judges have jurisdiction to entertain applications for relief based on section 245(i). (Matter of Grinberg, 11/22/94)
CA9 Says Government Must Expedite Hearing for Incarcerated LPR
The court found that the incarcerated LPR had standing to bring a mandamus action to compel INS to give him an expedited deportation hearing and that the government has a duty to initiate and if possible, complete deportation proceedings before his release date. (Garcia v. Taylor, 11/10/94)
Letter to Chief Judge Creppy from AILF on 245(i)
Letter from AILF Legal Action Center Director, Lory D. Rosenberg, to Chief Immigration Judge, Michael Creppy, regarding INA 245(i) and adjustment of status and a new S visa.
EOIR Memo on Wearing of the Robe During Immigration Judge Hearings
EOIR OPPM 94-10, issued by the Office of the Chief Immigration Judge, states that each immigration judge “shall wear a traditional black judicial robe when conducting a hearing where one or more parties are present, including hearings in detention centers, on details, and in prisons.”
EOIR Memo on When to Grant Continuances
EOIR memo 94-6, dated 7/18/94, on continuances and intended to assist the Office of the Chief Immigration Judge in identifying those circumstances which necessitate granting more than two continuances for the purpose of obtaining legal representation. Memo was rescinded on 3/7/13 by OPPM 13-01.
EOIR Proposed Rule on Procedures for Motions and Appeals
This proposed rule would amend Executive Office for Immigration Review practices concerning motion and appeal procedures in immigration proceedings. (59 FR 23986, 6/7/94)
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.