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
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 Memo was rescinded 6/15/17 per EOIR website.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)