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 Finds Firearm Offense Does Not Cut Off Continuous Residence for Cancellation
The BIA held that a firearms offense that renders an alien removable under INA §237(a)(2)(C) is not one “referred to in §212(a)(2)” and thus does not stop the accrual of continuous residence or physical presence for purposes of cancellation of removal. (Matter of Campos-Torres, 3/21/00)
INS Interpretation of Detention & Release Provisions
INS General Counsel addresses the circumstances under which non-criminal, criminal and 'terrorist' aliens subject to final removal orders should be detained. The impact of delay of removal periods is among the topics discussed.
EOIR/AILA Liaison Minutes (3/30/00)
Minutes from the AILA/EOIR Liaison Meeting on 3/30/00. Topics include difference between "in re" and "matter of", repapering initiatives, temporary Board members, update on the appeal streaming regulations, instructions on updating attorney address or withdrawing representation, and oral arguments.
BIA Upholds Decision to Detain Respondent Post-Order
The BIA upheld the district director’s determination to continue post-deportation order detention, after holding that it had jurisdiction over the respondent’s appeal, and that the respondent was eligible for release under INA §241(a)(6). (Matter of Saelee, 2/25/00)
BIA Says Service of OSC Stops Physical Presence
The BIA held that an alien may not accrue continuous physical presence for suspension of deportation after service of the order to show cause and notice of hearing. (Matter of Mendoza-Sandino, 2/23/00)
Changes to Seattle Immigration Court Procedures Proposed
EOIR proposes to alter the Seattle local operating procedures by requiring leave from court to file documents in excess of 150 pages per family unit.
BIA on Burden of Proof in Motions to Reopen
The BIA held that where an alien has filed an untimely motion to reopen alleging that the INS failed to prove removability, the burden of proof shifts to the alien to demonstrate that an exceptional situation exists to warrant the BIA to reopen on its own motion. (Matter of Beckford, 1/19/00)
INS Use of Prosecutorial Discretion to Avoid Harsh Consequences of IIRAIRA
A 1/19/00 letter from Robert Raben, Assistant Attorney General (INS) regarding the INS' use of prosecutorial discretion to avoid the harsh consequences of IIRAIRA.
AILA Lacks Standing to Challenge IIRAIRA
DC Circuit holds that AILA and other organizational plaintiffs lack standing to challenge expedited removal provisions of IIRAIRA and implementing regulations. (AILA v. Reno, 1/11/00)
BIA Interprets "Permanently Ineligible for Citizenship"
The BIA held that an alien convicted of an aggravated felony is not inadmissible under INA §212(a)(8)(A) as an alien who is permanently ineligible for citizenship and that 212(a)(8)(A) only encompasses those barred from naturalization for evasion of military service. (Matter of Kanga, 1/7/00)
BIA Finds Writ of Error Coram Nobis Warrants Termination of Proceedings
In an unpublished decision, the BIA held that respondent's success in obtaining a writ of error coram nobis which reduced his sentence for conspiracy to commit robbery from 366 days to 10 months warranted termination of proceedings. (Matter of Corso, 12/29/99)
Error Coram Nobis Writ to Avoid IIRAIRA Impact
The SDNY granted a writ of error coram nobis to reduce a prison term from a year and a day to the 10 months served, specifically for the purpose of avoiding IIRAIRA's retroactive impact on what is now considered an aggravated felony. (U.S. v. Ko,)
CA9 Rebuffs Soriano
The court refused to follow Soriano, holding that AEDPA §440(d) does not apply to deportation cases pending when AEDPA was passed, and that AEDPA and IIRAIRA do not repeal habeas relief under 28 USC §2241. (Magana-Pizano v. INS, 12/27/99)
BIA Says Arizona Aggravated DUI Is a CIMT
The BIA held that a conviction under Arizona law for an aggravated DUI, which requires knowledge that the driver is prohibited from driving, is a crime involving moral turpitude. (Matter of Lopez-Meza, 12/21/99)
BIA Press Release on BIA Practice Manual
The BIA has issued three new publications to provide basic information to individuals involved in immigration proceedings and to answer FAQs about how the appeals process works at the Board.
BIA on Interpreting the Aggravated Felony Definition
The BIA held that where an appellate court interprets the aggravated felony definition for purposes of a criminal sentence enhancement, the BIA may interpret it differently for purposes of implementing the immigration laws in cases arising within that circuit. (Matter of K-V-D-, 12/10/99)
INS General Counsel List of Resolved Issues
The INS General Counsel has provided a list of 21 issues that have been resolved through AILA liaison. Among other things, various unlawful presence and 245(i) questions are addressed.
INS General Counsel Opines on Administrative Closure
A 12/7/99 memo from Bo Cooper, General Counsel (INS) providing guidance on administrative closure of proceedings for non-permanent residents eligible for repapering.
EOIR Report: Evaluation of the Rights Presentation
During FY1998, the EOIR funded a short-term pilot project designed to augment the due process information detainees receive from immigration judges. Three nonprofit organizations provided daily “rights presentations” to INS detainees. This report provides a summary of the evaluation findings.
BIA Says "Reasonable Cause" Standard Applies to MTR In Absentia Proceedings
The BIA held that when an alien seeks to reopen in absentia proceedings, it is appropriate to apply the "reasonable cause" standard, not the "exceptional circumstances" standard set forth in INA §242B. (Matter of Cruz-Garcia, 11/30/99)
BIA on Confidentiality of SAW Applications
The BIA held that information provided in an application to adjust an alien’s status to that of a lawful temporary resident under INA §210 is confidential and prohibited from use in rescission proceedings under INA §246. (Matter of Masri, 11/30/99)
BIA on Change in Law as Basis for Sua Sponte Reopening
The BIA held that in order for a change in law to qualify as exceptional situation meriting sua sponte reopening or reconsideration, the change must be fundamental in nature and not merely an incremental development. (Matter of G-D-, 11/23/99)
AILA/AILF Submit Comments on Expedited Removal Regulations
AILA, AILF, and other groups submit comments to INS on its planned pilot program authorizing expedited removal of certain aliens incarcerated in three Texas facilities.
BIA Overturns IJ's Denial of NACARA Suspension
In an unpublished decision dated 11/15/99, the BIA sustained the appeal of the immigration judge’s denial of suspension of deportation under §203 of the Nicaraguan and Central American Relief Act of 1997 (NACARA).
DOJ Exempts EOIR Files from Privacy Act
DOJ final rule exempting EOIR system of records "Practitioner Complaint/Disciplinary Files," (Justice /EOIR-003) from the Privacy Act. Rule is effective 11/15/99. (64 FR 61786, 11/15/99)