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 on Handling Suspension/Cancellation Cases
A 4/14/99 memo from Michael Creppy, Chief Immigration Judge, on the procedures for handling applications for suspension/cancellation once numbers are no longer available for FY99.
BIA Equates AOS to "Admission" for Aggravated Felony Purposes
The BIA held that an alien convicted of an aggravated felony subsequent to adjustment of status is deportable under INA 237(a)(2)(A)(iii) as an alien convicted of an aggravated felony "after admission." (Rosas-Ramirez, 4/7/99)
BIA on Termination of Conditional Residence Status
The BIA held that an alien whose conditional residence was terminated under INA section 216(b), before the 90-day period preceding the second anniversary of the grant of status, may file an application for a waiver under section 216(c)(4) of the Act. (Matter of Stowers, 3/26/99)
BIA Finds Failure to File Financial Reports Is Not a CIMT
The BIA held that a conviction for causing a financial institution to fail to file currency transaction reports and structuring currency transactions to evade reporting requirements is not a crime involving moral turpitude. (Matter of L-V-C-, 3/25/99)
BIA Finds In Absentia MTR Not Barred by Time Limitations
The BIA held that the applicant's in absentia motion to reopen was not barred by the regulatory time limitations and that the applicant's serious illness provided her with reasonable cause for missing her scheduled exclusion hearing. (Matter of N-B-, 3/24/99)
EOIR Final Rule Amending NACARA Motions to Reopen
This rule amends the regulations of the Executive Office for Immigration Review (EOIR) by extending the time period for filing a NACARA application. Final rule effective 3/22/99. (64 FR 13663, 3/22/99)
EOIR Liaison Meeting Minutes (3/18/99)
Minutes from the EOIR/AILA Liaison Meeting which was held on March 18, 1999.
EOIR Approved Liaison Meeting Minutes (3/18/99)
Final minutes from EOIR Liaison meeting held March 18, 1999, as approved by EOIR on September 22, 1999.
BIA Respond to AILA Question on MTR Format
BIA response to AILA question regarding the format for motions to reopen, including suggested order of submission items.
Court Finds Jurisdiction Over Habeas Petition Post-AEDPA
The court dismissed the habeas petition challenging the retroactivity of AEDPA 440(d), finding jurisdiction over the petition but concluding that Petitioner failed to state a constitutional claim. (Waddell v. BIA, 3/11/99)
BIA on Discretionary 212(i) Waiver Determinations
The BIA held that the underlying fraud or misrepresentation for which an alien seeks a waiver under INA 212(i) may be considered as an adverse factor in adjudicating the waiver application in the exercise of discretion. (Matter of Cervantes-Gonzalez, 3/11/99)
BIA Finds Respondent Deportable for Fraud Attempt Conviction
The BIA held that an alien convicted of submitting a false claim with intent to defraud arising from an unsuccessful scheme to obtain $15,000 from an insurance company was convicted of attempted fraud, an aggravated felony. (Matter of Onyido, 3/4/99)
BIA Says State Vacatur Has No Effect on Conviction for Immigration Purposes
The BIA held that an alien who has had his guilty plea to the offense of possession of a controlled substance vacated and his case dismissed upon termination of his probation under Idaho law is considered to have a conviction for immigration purposes. (Matter of Roldan-Santoyo, 3/3/99)
Draft INS Memo on Access to Legal Representation
A 3/1/99 draft INS memo regarding detainee access to legal representation.
Supreme Court Rejects Right to Selective Enforcement Defense
The Court ruled that noncitizens have no constitutional right to have federal courts rule on their selective enforcement claims before their deportation hearings are held. (Reno v. American-Arab Anti-Discrimination Committee, 2/24/99)
Supreme Court Limits Federal Court Jurisdiction
AILA summary of the Supreme Court ruling in Reno v. American-Arab Anti-Discrimination Committee.
INS Interim Rule and Correction Concerning the Convention Against Torture
INS interim rule establishing procedures for raising a claim for protection from torture, as directed by the Foreign Affairs Reform and Restructuring Act of 1998. Rule also establishes new deferral of removal procedures. (64 FR 13881, 3/23/99) (64 FR 8477, 2/19/99)
Limited Presumption of Extreme Hardship under Section 203 of NACARA
A 2/12/99 DRAFT memo from Paul Virtue, General Counsel (INS) on 'presumption of extreme hardship' concluding 'that a rebuttable presumption would be permissible under limited circumstances' and would be available only to certain class members.
INS on Extension of Filing Completion Deadline for NACARA MTR
A 2/8/99 memo from Paul Virtue, General Counsel (INS) announcing that the deadline for supplementing NACARA motions to reopen will be extended to a date 150 days from the effective date of the rule implementing Section 203 of NACARA.
INS Advises on Detention Procedures
A 2/3/99 memo from Michael Pearson, Executive Associate Commissioner (INS) clarifying the authority of District Directors to make release decisions and emphasizing the need to provide a review of administratively final order detention cases.
CA10 Remands on Controlled Substance Issue
Case remanded to BIA for possession of controlled substance was a state class four felony while it was only a misdemeanor under Federal law. (Esparza-Treto v. INS, 2/2/99)
BIA Says Transporting an Illegal Alien Is an Aggravated Felony
The BIA held that an alien who is convicted of transporting an illegal alien within the U.S. in violation of INA 274(a)(1)(A)(ii) is convicted of an aggravated felony as defined in INA 101(a)(43)(N). (Matter of Ruiz-Romero, 2/1/99)
BIA Provides Framework for IJ Summary Decisions
The BIA held that a summary decision under 8 CFR §240.12(b) may properly be issued by an IJ in removal proceedings in lieu of an oral or written decision only when the respondent has expressly admitted to both the factual allegations and the charges of removability. (Matter of A-P-, 1/26/99)
CA3 on Post-AEDPA Habeas and 212(c) Availability
The court held that the district court did not err in finding jurisdiction over Petitioner's habeas claims and that AEDPA's amendment to INA 212(c) does not apply to cases pending on the date of enactment. (Sandoval v. INS, 1/26/99)
CA3 on Post-AEDPA Federal Court Jurisdiction
The court held that AEDPA and other 1996 immigration amendments did not remove the federal district court's jurisdiction to review deportation orders for violations of statutory or constitutional rights. (Sandoval v. Reno, 1/26/99)