Resources
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Stay Informed
EOIR maintains a social media presence to keep our stakeholders informed as quickly as we are able. We also maintain a stakeholder listserv that you may subscribe to for updates. EOIR also provides updates on court closures, opening delays, or early closures through an Operational Status Map.
Case-Specific Resources
In preparing a case for adjudication in immigration proceedings, the following resources provide valuable information necessary to support claims, ensure filing deadlines are met, and the correct forms are used.
Practice Before EOIR
To be an effective representative in proceedings before EOIR, it is important that you are aware of the following resources. In addition to outlining EOIR’s guidance on immigration proceedings, you are also able to check the status of a case, learn about court closures, and you may be eligible to begin submitting case documents electronically.
Sources of Immigration Law
The following links provide a general outline of the sources of law impacting immigration proceedings. Please note, however, that additional legal resources may be necessary to complete the necessary legal analysis in a case. For example, you may need to research state criminal law when considering the effects of a criminal conviction. Additionally, Federal District Courts may issue nationwide injunctions affecting the application of memoranda, regulations, or other policy actions taken by EOIR.
The INA is a federal law and the basic body of immigration law in the United States. It was enacted in 1952 and has been amended many times over the years. The INA is divided into different titles, chapters, and sections. The INA is also contained in Title 8 of the United States Code.
Title 8 of the CFR contains a collection of laws enacted by Congress that deals with “Alien and Nationality.” It is arranged by subject title and generally parallels the structure of Title 8 of the United States Code.
BIA decisions are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General or a federal court. BIA has a Precedent Chart that compiBIA decisions are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General or a federal court. BIA has a Precedent Chart that compiles headnotes from its published decisions dated March 30, 1995 to July 21, 2017, organized by topic as a convenience to the public.BIA decisions are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General or a federal court. BIA has a Precedent Chart that compiles headnotes from its published decisions dated March 30, 1995 to July 21, 2017, organized by topic as a convenience to the public.les headnotes from its published decisions dated March 30, 1995 to July 21, 2017, organized by topic as a convenience to the public.
The United States Courts of Appeals consist of 11 circuit courts and the D.C. circuit. The courts are divided based on geographic boundaries, and each court hears appeals from the assigned district courts and administrative agencies. The circuit courts’ decisions are binding precedent to the BIA and immigration courts within the circuit.
The Supreme Court of the United States is the highest court in the federal judiciary. It reviews decisions made by the 12 circuit courts. The Supreme Court decisions are final and binding on all lower courts, including circuit courts, district courts, and administrative agencies (the BIA and immigration courts). Its decision usually contains the Opinion of the Court (also known as “majority opinion”), concurrence, and dissent.