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
CA5 Upholds BIA’s Denial of Asylum to Petitioner from Trinidad and Tobago Who Alleged Membership in Three PSGs
The court held that petitioner had failed to demonstrate a legal or constitutional error in BIA’s denial of his application for asylum based on membership in three alleged particular social groups (PSGs), including children unable to leave a family relationship. (Alexis v. Barr, 6/8/20)
CA9 Holds Petitioner’s Conviction for Being Under the Influence of Amphetamines in California Rendered Him Removable
The court held that a conviction for being under the influence of a controlled substance in violation of California Health and Safety Code §11550(a) is divisible with respect to controlled substance and thus the modified categorical approach applied and was satisfied. (Tejeda v. Barr, 6/8/20)
BIA Rescinds In Absentia Order Entered by Court Different Than That Listed on NTA
Unpublished BIA decision rescinds in absentia order entered by Orlando immigration court where NTA indicated that hearing would be held in Miami. Special thanks to IRAC. (Matter of Marrero Soca, 6/5/20)
CA11 Upholds Denial of Motion to Remand Based on Ineffective Assistance Where Petitioner Did Not Substantially Comply with Lozada
The court held that petitioner had failed to meet the three Lozada requirements for presenting an ineffective assistance of counsel claim, finding that his attorney lacked actual notice of allegations that his assistance had been ineffective. (Point Du Jour v. Att’y Gen., 6/4/20)
CA9 Rejects Petitioner’s Equal Protection Challenge to Former Derivative-Citizenship Statute
The court dismissed the petition for review, rejecting the petitioner’s argument that the second clause of INA §321(a)(3) discriminates by gender and legitimacy and thus violates the U.S. Constitution’s guarantee of equal protection. (Roy v. Barr, 6/4/20)
TRAC Releases Report on the Impact of Immigration Court Hearing Cancellations Due to COVID-19
TRAC estimates that cancelled immigration court hearings due to COVID-19 will “increase hearing delays for months and probably years to come.” TRAC estimates that with scheduling delays in the court’s exiting backlog taken into account, 850,000 immigrants may well be affected by the shutdown.
AILA Sends Letter to ICE About Check-In Procedures and Filing Stays of Removal
On June 4, 2020, AILA sent a letter urging ICE to continue with rescheduling appointments and implementing other alternative measures, such as telephone check-ins, for persons who are under OSUP and/or the ISAP, as well as to continue accepting mailed stays of removal at field offices.
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)
CA9 Says Government Failed to Afford Petitioners Due Process in Terminating Their Asylum Status
Granting the petition for review, the court held that the government violated the petitioners’ due process rights by failing to provide them a full and fair opportunity to rebut the government’s fraud allegations before terminating their asylum status. (Grigoryan v. Barr, 6/2/20)
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 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)
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.
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)
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)
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 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)
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)