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
OCIJ Memo on NACARA MTR Deadline
Memo from Office of Chief Immigration Judge, dated September 4, 1998, on deadline for filing Motions to Reopen (MTR) under NACARA. Immigration Courts must continue to accept MTRs filed under section 203(c) of NACARA up to the close of business on September 11, 1998.
INS on NACARA Motions to Reopen Regarding Dependents
A 9/1/98 memo from Paul Virtue, General Counsel (INS) stating that NACARA-eligible individuals must file MTRs no later than 9/11/98. The memo specifically addresses the issue of dependents of NACARA-eligible individuals.
AILF Press Release on AILA v. Reno
AILF press release on the case, AILA v. Reno, et al, which challenged INS's implementation of expedited removal legislation in IIRIRA.
Court Rejects IIRIRA Challenge
The court rejects the assertion that the Interim Regulations implementing IIRIRA violate the intent of IIRIRA; that the INS fails to follow the Interim Regulations; and that IIRIRA and the Interim Regulations violate the Constitution. (AILA v. Reno, 8/27/98)
District Court Finds AEDPA § 440(d) Not Retroactive
Petition for a writ of habeas corpus GRANTED to the extent that the case REMANDED to the BIA for a discretionary determination of the merits of the application for relief under the old INA § 212(c). (Perez v. Reno, 8/25/98)
BIA Finds No Jurisdiction to Review Claim for Relief Under CAT Article 3
The BIA lacks jurisdiction to adjudicate a claim for relief from deportation under Article 3 of the U.N. CAT as there has been no legislation implementing Article 3, no regulations have been promulgated, and Article 3 is a non-self-executing treaty provision. (Matter of H-M-V-, 8/25/98)
CA5 Finds Vehicle Stop Violates 4th Amendment
CA5 finds a Fourth Amendment violation and conclude that there were insufficient articulable facts surrounding the Border Patrol's stop of a vehicle to satisfy the constitutional requirement of reasonable suspicion. (U.S. v. Rodriquez-Rivas, 8/17/98)
Amicus Brief in In the Matter of Yahia Meddah
Brief of amici curiae to the BIA, in the Matter of Yahia Meddah and whether under the Convention Against Torture, an individual may be removed to a country where there is substantial grounds for believing that the individual would be in danger of being subjected to torture.
EOIR OPPM 98-6 Detail City Coverage
Memo was rescinded 9/18/18. EOIR issues OPPM 98-6, Detail City Coverage, which updates the location and frequency of detail city coverage for each Immigration Court and sets forth guidelines to provide for detail city caseload coordination with base city operations. Supersedes OPPM 86-11.
BIA Says Post-6/20/91 OSC Must be Filed with Court to Initiate Proceedings
The BIA held that in order to commence proceedings against an alien for purposes of INA 204(g) and 245(e)(2), an OSC and notice of hearing that was issued on or after June 20, 1991, must be filed with the immigration court. (Matter of Casillas, 8/4/98)
CA5 Grants Motion to Suppress
Motion to Suppress granted where there was no reasonable suspicion for traffic stop. (U.S. v. Jones, 7/31/98)
INS Proposed Rule on Juvenile Processing after Flores v. Reno
INS proposed rule to establish the procedures for processing juveniles in Service custody. The new rule sets guidelines for the release of juveniles from custody and the detention of unreleased juveniles in state-licensed programs and detention facilities. (63 FR 39759, 7/24/98)
BIA Rejects Ineffective Assistance of Counsel Claim as Basis for Excusing Untimely MTR
The BIA held that a claim of ineffective assistance of counsel does not constitute an exception to the 180-day statutory limit for the filing of a motion to reopen to rescind an in absentia order on the basis of exceptional circumstances. (Matter of A-A-, 7/16/98)
BIA Rejects Ineffective Assistance of Counsel Claim to Excuse Late MTR
The BIA held that a claim of ineffective assistance of counsel does not constitute an exception to the 180-day statutory limit for the filing of a motion to reopen to rescind an in absentia order of deportation on the basis of exceptional circumstances. (Matter of Lei, 7/16/98)
Comments on Interim Regulations on NACARA Motions to Reopen
AILA, AILF, and Immigrant Legal Resource Center comments on the NACARA June 11, 1998, interim rules on Motion to Reopen under NACARA.
AILA-INS General Counsel Liaison Meeting (7/10/98)
Highlights of the July 10, 1998, AILA-INS General Counsel Liaison Meeting.
BIA Defines Limits of Exclusion Proceedings for Advance Parolees in CA9
In cases falling within the Ninth Circuit, exclusion proceedings are appropriate for aliens returning on advance parole, unless the alien has a pending registry application or is not informed by the INS that they risk being placed in such proceedings upon reentry. (Matter of S-O-S-, 7/9/98)
BIA Says Asylum Applicant Was Properly Placed in Exclusion
The BIA held that an applicant for asylum who departed and returned to the U.S. on advance parole was properly placed in exclusion proceedings following the denial of his application for asylum and revocation of his parole. (Matter of G-A-C-, 7/9/98)
AILA/EOIR July 1998 Report
July 1998 Monthly Mailing AILA/EOIR liaison report by Royal F. Berg.
EOIR Notice with NACARA MTR Correction
Executive Office for Immigration Review (EOIR) notice correcting minor typo in 6/11/98 Federal Register notice on NACARA motions to reopen. (63 FR 36992, 7/8/98)
CA3 Vacates Marriage Fraud Conviction
The court held that the testimonial evidence of Appellant and her spouse would not have been inevitably discovered by routine INS procedures and ordered the district court to vacate Appellant's conviction for marriage fraud under INA 275(c). (U.S. v. Vasquez de Reyes, 7/8/98)
EOIR Memo with Guidelines for Recording Immigration Hearings
EOIR memorandum 98-2, dated 7/7/98, provides guidelines for recording immigration hearings, including information on the quality of the taped records, issues with tape-recording equipment, transcribing errors, and approved machines. This memo was supplemented by OPPM 03-06, issued 10/10/03.
CA9 Reverses Earlier Decision on Imputed Political Opinion
On rehearing, the court found that record compels the conclusion that the petitioner's undisputed fear of future persecution by Sendero Luminoso was on account of political opinion imputed to him by the guerillas. (Vera-Valera v. INS, 7/7/98)
CA9 Vacates Criminal Sentence for Illegal Reentry
The court vacated the plaintiff's 30-month sentence for illegal reentry after deportation for an aggravated felony in violation of 8 USC §1326(a) & (b)(2) and remanded for resentencing. (U.S. v. Moreno-Perez, 7/7/98)
BIA Reopens In Absentia Removal Order
The BIA held that the respondent's 1997 motion to reopen his 1987 in absentia deportation order was not time barred since he received no notice of the deportation hearing. (Matter of Mancera-Monroy, 7/1/98)