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 on Foreign Policy Grounds of Deportability
The BIA held that a letter from the DOS Secretary stating reasonable and bona fide reasons for finding that the alien's presence would have serious foreign policy consequences is sufficient evidence that the alien is deportable under INA 241(a)(4)(C)(i). (Matter of Ruiz-Massieu, 6/10/99)
BIA on Discretion to Grant Voluntary Departure
The BIA held that although an alien who applies for voluntary departure under INA 240B(a) or (b) must establish that a favorable exercise of discretion is warranted, the IJ has broader authority to grant relief before the conclusion of proceedings. (Matter of Arguelles-Campos, 6/7/99)
EOIR Response AILA Seminar Questions
Responses from EOIR to questions prepared by Royal Berg and Maureen O'Sullivan at the AILA Town Meeting in March 1999. The responses were prepared 6/7/99 by EOIR Acting General Counsel Chuck Adkins-Blanch.
BIA Says INS Met Burden of Establishing Deportability of Minor
The BIA found that the INS met its burden of establishing a minor's deportability where (1) Form I-213 was submitted; (2) the respondent made no challenge to its admissibility; and (3) admission of the Form I-213 would not be fundamentally unfair. (Matter of Ponce-Hernandez, 5/28/99)
BIA on Mandatory Detention of LPRs
The BIA held that an LPR will not be considered "properly included" in a mandatory detention category when the IJ or the BIA finds that it is substantially unlikely that the INS will prevail on a charge of removability. (Matter of Joseph, 5/28/99)
BIA on Espionage Grounds of Deportability
The BIA held that INA 241(a) does not require that the alien engaged in an act of espionage or was convicted of an espionage offense; knowledge of, or having received instruction in espionage or counter-espionage of a foreign government is sufficient. (Matter of Luis-Rodriguez, 5/26/99)
INS Proposed Rule on Public Charge Grounds
INS proposed rule establishing clear standards governing a determination that an alien is inadmissible or ineligible to adjust status, or has become deportable, on public charge grounds. (64 FR 28676, 5/26/99)
BIA Upholds Matter of Arthur on Motions to Reopen
The BIA held that Matter of Arthur, which requires an approved immediate relative visa petition before a case may be reopened for AOS is not inconsistent with the motions to reopen regulations at 8 CFR §§3.2(c)(2) and 3.23(b)(4)(i). (Matter of H-A-, 5/25/99)
BIA Says IJ May Grant Public Charge Waiver
The BIA found that IJs have jurisdiction to grant a waiver of inadmissibility under INA 213 and are required to advise an alien found to be inadmissible as a public charge under section 212(a)(4)(B) of his or her right to apply for a waiver. (Matter of Ulloa, 5/24/99)
BIA Says In Absentia Motion Must Be Filed with the IJ
The BIA lacks jurisdiction to consider an appeal from an in absentia order in removal proceedings because INA 240(b)(5)(C) provides that such an order may only be rescinded by filing a motion to reopen with the IJ. (Matter of Guzman-Arguera, 5/24/99)
BIA Finds INA 275 Is Not an Aggravated Felony
The BIA held that an alien convicted of an offense described in INA 275(a) is not convicted of an aggravated felony under section 101(a)(43)(N), which specifically refers to alien smuggling offenses described in INA 274(a)(1)(A) and (2). (Matter of Alvarado-Alvino, 5/24/99)
BIA on Analysis of Divisible Statutes
The BIA held that where the state statute of conviction is divisible, it is necessary to look to the record of conviction and other documents to determine whether the specific offense constitutes an aggravated felony. (Matter of Sweetser, 5/19/99)
BIA Says Texas DWI Is Not a CIMT
In an unpublished decision, the BIA held that a misdemeanor DWI conviction under Tex. Penal Code Ann. Sec. 49.09 (1998) is not a crime involving moral turpitude. (Matter of Reyes-Torres, 5/16/99)
EOIR Policy on UN Convention Against Torture
EOIR memo from the Office of the Chief Immigration Judge, dated May 14, 1999, on operating policies and procedures for the implementation of Article 3 of the UN Convention Against Torture.
BIA Holds Stop-Time Rule Applies on Date Offense Committed
The BIA held that under INA 240A(d)(1), continuous residence or physical presence for cancellation of removal purposes is deemed to end on the date a qualifying offense has been committed. (Matter of Perez, 5/12/99)
District Court Rejects Deportation/Exclusion Distinction
Concluded that the INS's application of § 440(d) to preclude applications for discretionary relief from aliens in deportation proceedings, but not from aliens in exclusion proceedings, is a violation of equal protection. (Merdcado-Amador v. Reno, 5/4/99)
INS v. Aguirre-Aguirre
Supreme Court ruling on granting cert stating, 'we disagree with the Court of Appeals and address each of the three specific areas in which it found the BIA's analysis deficient. We reverse the judgment of the court and remand for further proceedings.' (INS v. Aguirre-Aguirre, 5/3/99)
EOIR Memo on Electronic I-830
EOIR memorandum 99-4 announcing that EOIR has agreed to accept the electronic transmittal of Form I-830, Notice to EOIR: Alien Address, effective 5/1/99, formalizing the use of e-mail to notify the immigration courts and BIA of any change in an individual’s custody status while a case is pending.
New Mandatory Review Policy For INS Long-Term Detainees
INS April 30, 1999, Statement by Commissioner Meissner on INS policy for mandatory review of long-term detainees.
District Court Can Review Detention Claim
Review of claims regarding INS's use of ex parte secret evidence must be sought in the appeals court after the issuance of a final order, but under IIRIRA's transitional regime, habeas jurisdiction exists in district court to review the detention-related claims. (Haddam v. Reno, 4/28/99)
BIA on Mandatory Detention and Effect of Filing EOIR-43
The BIA held that the filing of Form EOIR-43 by the INS automatically stays an IJ's order releasing an alien who is charged under INA 236(c)(1), even where the IJ terminated proceedings after finding the alien is not subject to 236(c)(1). (Matter of Joseph, 4/23/99)
Letter from EOIR on Completion Time of EOIR-26
Letter to AILA Member from INS Deputy Director/Acting General Counsel Peggy Philbin on time needed for EOIR to complete the Form EOIR-26.
BIA Says Alien Smuggling Is Not a Particularly Serious Crime
The BIA held that an alien convicted of smuggling under INA 274(a)(2)(B)(iii) and sentenced to 32 months imprisonment has not been convicted of a particularly serious crime and is eligible to apply for withholding of removal under section 241(b)(3)(B)(ii) of the Act. (Matter of L-S-, 4/16/99)
BIA Says Issuance of OSC Cuts Off Physical Presence
The BIA held that for purposes of determining eligibility for suspension of deportation, the period of continuous physical presence ends at the issuance of the Order to Show Cause, irrespective of the date that it was issued. (Matter of Nolasco-Tofino, 4/15/99)
AILA Letter on AEDPA Section 440(d)
Letter from AILA to Attorney General Reno urging her to take immediate action in light of the recent U.S. Supreme Court decision (on March 8, 1999) declining review of lower court decisions which diverged from the opinion in Matter of Soriano with regards to AEDPA Section 440(d).