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2.0

DOJ updates Justice Manual to remove OIL consideration of remands for prosecutorial discretion or where DHS supports reopening

  1. Original Date Announced

    September 30, 2025

    The Department of Justice edited its description of the Office of Immigration Litigation (OIL) in the Justice Manual to remove a paragraph pertaining to when OIL attorneys should consider requesting that a federal court remand a pending case to the Board of Immigration Appeals for further proceedings. The stricken paragraph stated that "OIL will consider remanding cases in order to facilitate exercises of prosecutorial discretion by DHS, or in other circumstances in which DHS believes that reopening of the case before the Board of Immigration Appeals is appropriate (e.g., cases in which a petitioner may have recently become eligible for adjustment of status or presents other equities such that DHS Immigration and Customs Enforcement would not oppose reopening by the Board)."

    The paragraph was included in the Justice Manual as of September 11, 2025. The section was updated sometime later in September.

    Trump 2.0 [ID #2056]

    2025.09.30 DOJ - Justice Manual, Title 4-7.000 - Immigration Litigation
  2. Effective Date

    September 30, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Change in Practice
Subject Matter: Hearings and Adjudications
Agencies Affected: DOJ

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