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 Upholds Decision to Deny Asylum and Withholding Due to Robbery Conviction
The BIA dismissed the appeal of the IJ's denial of asylum and withholding, finding that the applicant's conviction for robbery with a deadly weapon was an aggravated felony and a particularly serious crime. (Matter of L-S-J-, 7/29/97)
INS on Enhancements of Criminal Penalties
A 1997 memo from Paul W. Virtue, Acting Executive Associate Commissioner (INS) highlighting changes to the INA with the signing of IIRAIRA.
BIA Finds Accessory After the Fact Is an Aggravated Felony
The BIA held that the offense of accessory after the fact to a drug-trafficking crime under 18 USC §3 is not deportable controlled substance offense but is an aggravated felony obstruction of justice crime under INA §101(a)(43)(S). (Matter of Batista-Hernandez, 7/15/97)
Detention Use Policy
A 7/14/97 memo from Doris Meissner, Commissioner (INS) providing new mandatory detention guidelines to be used in the context of expedited removal and final orders of removal.
Temporary Stay of Deportation
A 7/11/97 memo from Brian R. Perryman, Acting Executive Associate Commissioner for Field Operations (INS) stating that pursuant to the Attorney General's action, a temporary stay of deportation will be afforded to certain aliens.
Matter of NJB Interim Policy
A 7/11/97 memo from David A. Martin, General Counsel (INS) providing interim measures for motions to reopen for suspension of deportation, and for immigration court and BIA proceedings.
Reno Letter on Nicaraguan Review Program
A 1997 letter from Attorney General Reno to Speaker of the House Newt Gingrich regarding the Nicaraguan Review Program (NRP), Matter of N-J-B, and the overall issue of suspension of deportation.
BIA on AEDPA Bar to 212(c) Relief
The BIA held that AEDPA bars 212(c) relief for certain classes of lawful permanent residents with criminal convictions, even when applied for in conjunction with adjustment of status. (Matter of Gonzalez-Camarillo, 6/19/97)
AILA Amicus Brief in 9th Circuit Case on Retroactivity of AEDPA
AILA amici curiae filed in the Ninth Circuit Court on Section 212(c) of the INA and Section 440(d) of the AEDPA regarding retroactive deportation.
BIA Rules Favorably in Spousal Abortion/Sterilization Asylum Case
The BIA held that an asylum applicant whose spouse was forced to undergo an abortion or sterilization can establish past persecution and thus meet the definition of "refugee." (Matter of C-Y-Z-, 6/4/97)
BIA Says 212(c) Is Available in Exclusion Proceedings Post-AEDPA
The BIA held that an applicant for admission in exclusion proceedings who is inadmissible for a controlled substance offense is statutorily eligible for 212(c) relief as amended by AEDPA. (Matter of Fuentes-Campos, 5/14/97)
Sentencing Guidelines for United States Courts
U.S. Sentencing Commission notice of submission to Congress of amendments to the sentencing guidelines. (62 FR 26615, 5/14/97)
BIA Finds IIRIRA Amendments to Smuggling Waiver Apply to Respondent
The BIA held that because its prior decision was pending AG review on the date of enactment of IIRIRA's amendments, no final determination had been made and the amendments apply to the respondent. (Matter of Farias-Mendoza, 3/12/96; AG 3/28/97; On Remand 5/7/97)
BIA on IIRIRA's Changes to Definition of "Conviction"
The BIA held that IIRIRA's changes to the definition of "conviction" applies to respondent’s pre-IIRIRA 1993 suspended sentence for an indeterminate term not to exceed 5 years and bars him from relief as an aggravated felon. (Matter of S-S-, 5/6/97)
EOIR Final Rule on Law Students and Law Graduates Representing Individuals
EOIR final rule revising regulations governing the supervision and compensation of law students and law graduates appearing before EOIR, including the BIA and Immigration Courts. (62 FR 23634, 5/1/97)
DOS Cable on Removal and Inadmissibility
Cable number 20 in the series providing information on the Immigration Provisions, of PL 104-208. The following cable discusses the periods of unlawful presence giving rise to the three and ten year bars as well as the impact of the new expedited removal procedures on consular processing.
EOIR Memo on Maintaining the List of Free Legal Services Providers
EOIR OPPM 97-1 was issued by the Office of the Chief Immigration Judge, setting out new procedures for updating and notifying the public of the list of persons willing to represent noncitizens in immigration court on a pro bono basis, as well as procedures for applying to be included on the list.
INS Memo on Expedited Removal
A 3/31/97, memorandum from INS Deputy Commissioner Chris Sale setting forth additional instructions relating to implementation of general expedited removal procedures contained in Chapter 17.15 of the Inspector's Field Manual and IIRAIRA training materials.
GAO on Detention and Removal of Aliens
GAO report to Congress on INS regulations, "Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings; Asylum Procedures."
AG on Retroactivity of AEDPA §440(d)
The AG held that the bar to 212(c) relief applies to all applications pending on 4/24/96 but that aliens who conceded deportability in reliance on the availability of 212(c) relief before 4/24/96 may seek to reopen proceedings.(Matter of Soriano, 6/27/96; AG 3/21/97).
Memo on Instruction for Suspension Seekers
A 3/13/97 memo from INS Acting Associate Commissioner, J. Scott Blackman regarding the new provisions for removal proceedings under IIRAIRA.
INS Interim Rule on Expedited Removal
INS interim rule implementing provisions of IIRIRA governing expedited and regular removal proceedings, handling of asylum claims, and other activities involving the apprehension, detention, hearing of claims, and ultimately the removal of inadmissible and deportable aliens. (62 FR 10311, 3/6/97)
BIA on IIRIRA §309(c)(5) Transition Rule
Over dissent, the BIA held that where the respondent was served with an OSC before date of IIRIRA’s enactment, service of the OSC terminated continuous physical presence rendering her ineligible for suspension under the transition rule. (Matter of N-J-B, 2/20/97; vacated by AG 7/10/97).
BIA Says 212(c) Is Available to Those in Exclusion Proceedings
In an unpublished decision, the BIA held that under the plain language of AEDPA, applicants in exclusion proceedings can apply for relief from deportation under former INA section 212(c). (Matter of Oba, 2/7/97)
EOIR Memo on Whether Mandatory Detention Apply to Aggravated Felon
Memorandum from EOIR on whether the mandatory detention provisions of IIRAIRA's Transition Period Custody Rules (TPCR) apply to MM, an alien now defined as an aggravated felon due to a sole 1985 conviction for alien smuggling.