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
CA9 Finds California Conviction for Felony Vehicular Flight from a Pursuing Police Car While Driving Against Traffic Was a CIMT
The court upheld the BIA’s determination that the petitioner’s conviction for felony vehicular flight from a pursuing police car while driving against traffic in California was categorically a crime involving moral turpitude (CIMT) that rendered him removable. (Lepe Moran v. Barr, 6/2/20)
BIA Rescinds In Absentia Order Because NTA Was Sent to Outdated Mailbox
Unpublished BIA decision rescinds in absentia order because NTA was sent to UPS mailbox that respondent was no longer renting. Special thanks to IRAC. (Matter of Kiss, 6/2/20)
DOJ OIG Releases Audit of EOIR's FY2019 Financial Management Practices
DOJ OIG released an audit of EOIR's financial management practices, identifying weaknesses in EOIR's budget planning process. The report recommends that EOIR make better use of financial management data available to leadership and that leadership improve its communications with its budget staff.
SCOTUS Held that Courts Can Review Factual Challenges to a CAT Order
The Supreme Court found that 8 U. S. C. § 1252(a)(2)(C) and (D) do not preclude judicial review of factual challenges to an order denying relief under CAT, which protects noncitizens from removal to a country where they would likely face torture. (Nasrallah v. Barr, 6/1/20)
House Bill: Coronavirus Containment Act of 2020
On June 1, 2020, Representative Nadler (D-NY) introduced the Coronavirus Containment Act of 2020 to require ICE to ensure that foreign nationals test negative for SARS-CoV-2 before repatriation or removal, and for other purposes. AILA endorses this bill.
BIA Reverses Denial of Joint Motion to Reopen in Light of Respondent’s Eligibility to Adjust
Unpublished BIA decision reverses denial of joint motion to reopen where respondent presented evidence indicating that she was admitted with a visa and was thus eligible to adjust status. Special thanks to IRAC. (Matter of Acosta Carmona, 6/1/20)
Senators Send Letter Urging DHS to Halt Detention Transfers and Expand Coronavirus Testing
On 5/29/20, Senators Heinrich (D-NM) and Feinstein (D-CA) led a group of senators in sending a letter urging DHS to take immediate steps to halt the transfer of individuals in ICE custody between detention facilities and to expand COVID-19 testing at all ICE facilities. AILA endorses this letter.
DHS OIG Reports That CBP Separated More Asylum-Seeking Families at Ports of Entry Than Reported
DHS OIG reported CBP separated at least 60 asylum-seeking families from May 6-July 9, 2018, despite reporting only seven separations. DHS OIG determined that the separations were based solely on the parents’ prior nonviolent immigration violations and were inconsistent with DHS’s public messaging.
EOIR Notice of Modification of System of Records on Attorney Discipline
EOIR notice of the modification of the “EOIR-003 Practitioner Complaint-Disciplinary Files” system of records, which will be renamed “Attorney Discipline System.” The notice is effective upon publication, subject to a 30-day period to comment on the routine uses. (85 FR 32423, 5/29/20)
EOIR Announces New BIA Chairman
EOIR announced the appointment of David H. Wetmore as the chairman of the Board of Immigration Appeals (BIA). Wetmore was appointed by Attorney General William Barr as the Chief Appellate Immigration Judge of the BIA in May 2020. Notice includes Wetmore’s biographical information.
CA7 Finds Petitioner’s Eight-Year Delay in Contesting Adequacy of NTA Was Not Excusable
The court held that the petitioner did not make a timely objection to the adequacy of her initial Notice to Appear (NTA), which was received in 2010 and had omitted the time and place of her hearing, and that she could not show excusable delay and prejudice. (Chen v. Barr, 5/29/20)
CA8 Upholds Denial of Asylum to Salvadoran Who Claimed He Would Face Persecution by Mara 18 Gang Members
The court found that the BIA’s denial of asylum to the petitioner, a citizen of El Salvador who claimed he would suffer persecution based on his opposition to joining the Mara 18 gang, was supported by substantial evidence in the record. (Prieto-Pineda v. Barr, 5/28/20)
CA2 Holds Conviction for Third-Degree Sexual Assault in Connecticut Is Categorically a Crime of Violence Under 18 USC §16(a)
The court held that the petitioner’s conviction for third-degree sexual assault under Connecticut General Statutes §53a-72a(a)(1) fell categorically under the definition of an aggravated felony crime of violence as defined in 18 USC §16(a). (Kondjoua v. Barr, 5/28/20)
AILA: EOIR Director Attempts to Buy Out Remaining Board Members to Solidify Control of Immigration Courts
AILA responded to the recent effort by EOIR Director McHenry to buy out the remaining pre-Trump administration BIA members and highlighted the continuing push by this administration to manipulate the functions of the BIA, underscoring the urgent need for an independent immigration court system.
District Court Orders ICE to Explain Why It Cannot Immediately Begin Testing NWDC Detainees for COVID-19
A federal court in Washington ordered ICE to explain why it cannot immediately begin testing detainees at the Northwest Detention Center (NWDC) for COVID-19 on a voluntary basis and implement a plan for those that refuse testing. (Castañeda Juarez v. Asher, 5/28/20)
BIA Rescinds In Absentia Order Against Respondent Admitted to Emergency Room
Unpublished BIA decision rescinds in absentia order due to exceptional circumstances where respondent was admitted to emergency room on morning of final hearing due to sudden onset of chest pain. Special thanks to IRAC. (Matter of Bhardwaj, 5/28/20)
BIA Holds Federal Anti-Kickback Statute Not a CIMT
Unpublished BIA decision holds that receipt of remuneration under 42 U.S.C. 1320a-7b(b)(1) is not a CIMT because it does not require any loss or harm to a person. Special thanks to IRAC. (Matter of Tejeda, 5/28/20)
BIA Reopens Proceedings Following Grant of Bona Fide Marriage Waiver
Unpublished BIA decision reopens proceedings for respondent ordered deported under INA 237(a)(1)(D)(i) following DHS approval of waiver under INA 216(c)(4). Special thanks to IRAC. (Matter of Clarke, 5/27/20)
BIA Finds Ninth Circuit TPS Decision Constitutes Fundamental Change in Law
Unpublished BIA decision holds that Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), represents fundamental change of law justifying sua sponte reopening for TPS holders to apply for adjustment of status. Special thanks to IRAC. (Matter of Larios Andrade, 5/27/20)
CA2 Says Misprision of a Felony Is Not Categorically a CIMT
Aligning with the Ninth Circuit’s decision in Robles-Urrea v. Holder, the court held that misprision of a felony in violation of 18 USC §4 is not categorically a crime involving moral turpitude (CIMT), and granted the petition for review. (Mendez v. Barr, 5/27/20)
CA2 Finds Connecticut Conviction for Carrying a Pistol or Revolver Without a Permit Did Not Qualify as an INA Firearms Offense
The court held that the Connecticut statute under which the petitioner had been convicted for carrying a pistol or revolver without a permit criminalized conduct that is not a “firearms offense” under the INA, and was therefore not a removable offense. (Williams v. Barr, 5/27/20)
CA8 Holds Violation of Minnesota’s Fifth-Degree Possession Statute Is a Removable Offense
The court denied the petitions for review, finding that the petitioners, who had pleaded guilty to possessing methamphetamine in violation of Minnesota’s fifth-degree possession statute, were removable under INA §237(a)(2)(B)(i). (Bannister v. Barr, 5/26/20)
BIA Finds EWIs Cannot Be Charged with Inadmissibility Under INA §212(a)(7)
Unpublished BIA decision holds that INA §212(a)(7)(A)(i) is only applicable to respondents who seek admission at a port of entry, as distinct from those who enter without inspection. Special thanks to IRAC. (Matter of Ortiz Orellana, 5/26/20)
BIA Rescinds In Absentia Order Against Respondent Who Reported to DHS
Unpublished BIA decision rescinds in absentia order against respondent who appeared at prior hearings and reported to DHS the day after being ordered removed in absentia. Special thanks to IRAC. (Matter of Martinez-Polio, 5/22/20)
Practice Pointer: Resources for Removal Defense During COVID-19
This practice pointer compiles key resources from AILA and its partners for AILA members practicing removal defense during COVID-19, including local court practices and information on practicing removal defense remotely, filing motions to continue, and getting clients released from detention.