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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
EOIR Memo with Procedures for Suspension/Cancellation
The following is a October 3, 1997 memo from Michael J. Creppy, Chief Immigration Judge (EOIR) regarding the procedures for issuing conditional grant orders for suspension of deportation and cancellation of removal.
INS Letter Invoking IIRIRA Transitional Period Custody Rules
Undated letter from Doris Meissner, Commissioner, INS to Henry J. Hyde, Chairman, Senate Judiciary Committee, invoking the Transitional Period Custody Rules (TPCR) under IIRIRA §309(b)(3) for FY1998, due to a lack of sufficient INS detention space.
INS Interim Rule on Suspension of Deportation and Cancellation of Removal
INS/EOIR interim rule establishing a procedure for processing suspension of deportation and cancellation of removal and adjustment of status cases. Rule is effective on 10/1/97, with comments due by 12/1/97. (62 FR 51760, 10/3/97)
INS Liason Minutes (9/30/97)
Attached are the minutes from the September 30, 1997 INS/AILA Adjudications Liason Meeting. Please note: These are draft minutes reflecting AILA's interpretation of the meeting and have not yet been approved by INS.
INS on Detention and Release of Criminal Aliens
INS/EOIR proposed rule amending the regulations by establishing a regulatory framework for the detention of criminal aliens pursuant to the Transition Period Custody Rules (TPCR) set forth in the IIRAIRA. (62 FR 48138, 9/15/97)
BIA Grants Remand in Adjustment of Status Case
The BIA granted the respondent’s motion to remand the record to the immigration judge to apply for adjustment of status, even though the respondent failed to provide a completed Form I-485 with her motion. (Matter of Yewondwosen, 9/9/97)
INS Advises on “Falsely Made Applications”
A 9/3/07 memo from Paul W. Virtue, Acting Executive Associate Commissioner (INS) regarding the criminal penalties for preparation of falsely made applications for immigration benefits under IIRAIRA.
INS Advises on “Unaccompanied Minors” & Removal
An 8/21/97 memo from Paul Virtue, Acting Executive Associate Commissioner (INS) setting forth new policy for the treatment of minors subject to expedited removal.
Foreign Expungement Has No Effect on Conviction for Immigration Purposes
The BIA held that the expungement of the respondent’s foreign drug conviction pursuant to a foreign rehabilitation statute does not prevent a finding of inadmissibility under INA 212(a)(2)(A)(i)(II). (Matter of Dillingham, 8/20/97)
INS on LPR to Establish Seven Years of Lawful Domicile
INS final rule stating that a 212(c) eligible alien who has adjusted to lawful permanent resident status, pursuant to sections 245A or 210, may use the combined period as a lawful temporary resident and lawful permanent resident to establish seven years of domicile in the U.S. (62 FR 43466, 8/14/97)
BIA Rejects Untimely Motion to Reopen
The BIA held that the respondent's untimely motion to reopen did not fall within the 8 CFR §3.2(c)(3)(ii) exception allowing for reopening out of time in order to apply for asylum based on changed country conditions. (Matter of J-J-, 7/31/97)
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)