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
CA4 Finds Petitioner’s Virginia Conviction for Distribution of Cocaine as an Accommodation Was an Aggravated Felony
Applying the modified categorical approach, the court held that distribution of cocaine under Virginia Code §18.2-248 satisfies the federal definitions of an aggravated felony and of a crime relating to a controlled substance, and thus denied the petition for review. (Cucalon v. Barr, 5/7/20)
CA8 Holds Knowing Failure to Comply with Minnesota’s Sex Offender Registration Statute Is a CIMT
The court upheld the BIA’s determination that petitioner’s convictions for Criminal Sexual Conduct in the Fifth Degree in Minnesota and knowing failure to comply with Minnesota’s sex offender registration statute constituted crimes involving moral turpitude (CIMTs). (Bakor v. Barr, 5/7/20)
Immigration Justice Campaign and Partners File Complaint Highlighting ICE’s Failure to Protect Detainees During the COVID-19 Pandemic
On May 7, 2020, the Immigration Justice Campaign and partners filed a complaint with the DHS Office for Civil Rights and Civil Liberties and the Office of the Inspector General highlighting the experiences of those detained in ICE custody during the COVID-19 pandemic.
Complaint Details ICE’s Failure to Protect Those in Its Custody Amid the COVID-19 Pandemic
Immigration Justice Campaign Director Karen Lucas and National Advocacy Counsel Katie Shepherd detail why ICE’s failure to protect those in its custody during the COVID-19 pandemic demands immediate oversight by DHS.
BIA Equitably Tolls Deadline for MTR Filed Two Years After Favorable Circuit Decision
Unpublished BIA decision equitably tolls the MTR deadline and terminates proceedings where respondent filed motion more than two years after Ninth Circuit decision holding that conviction did not qualify as an aggravated felony. Special thanks to IRAC. (Matter of Dang, 5/7/20)
AILA Provides Summary of the Federal Immigrant Release for Safety and Security Act
AILA provides a summary to the S__: Federal Immigrant Release for Safety and Security Act (FIRST Act) introduced by Senator Booker (D-NJ) that would require the release of most individuals detained by ICE during a national emergency related to a communicable disease.
CA9 Says Initial NTA Need Not Contain Time, Date, and Place Information to Vest an Immigration Court with Jurisdiction
The court concluded that an initial Notice to Appear (NTA) does not need to contain the time, date, and location information of a removal hearing to vest an immigration court with jurisdiction if such information is provided before the hearing. (Aguilar Fermin v. Barr, 5/5/20)
AILA and the American Immigration Council Obtain EOIR Hiring Plan via FOIA Litigation
On 4/21/20, AILA and the Council obtained via FOIA litigation the EOIR IJ and AIJ hiring process, approved by Attorney General Barr on 3/8/19. This document revises both the IJ hiring process implemented on 3/28/18, and the process for hiring BIA members implemented on 9/12/07.
CA9 Asks Arizona Supreme Court to Decide Whether Two State Drug Laws Are Divisible and Can Trigger Removability
The court certified three questions of state law to the Arizona Supreme Court in order to determine whether Arizona’s possession of drug paraphernalia statute (ARS §13-3415) and Arizona’s drug possession statute (ARS §13-3408) are divisible as to drug type. (Romero-Millan v. Barr, 5/4/20)
S. ___: Federal Immigrant Release for Safety and Security Together Act (FIRST Act)
On 4/30/20, Senator Booker (D-NJ), introduced the Federal Immigrant Release for Safety and Security Together Act (S.__) to require the release of most individuals detained by ICE during a national emergency related to a communicable disease. AILA endorses this bill.
New Documents Reveal Immigration Judge Hiring Plan Designed to Stack the Courts, Prioritize Politics Over Justice
AILA Executive Director Benjamin Johnson and American Immigration Council Executive Director Beth Werlin react to documents obtained by the organizations via FOIA revealing DOJ Executive Office for Immigration Review’s updated hiring plan for Immigration Judges and Appellate Immigration Judges.
AILA and Partners Send Letter Urging DHS and ICE to Expedite Releases of Individuals in Immigration Custody
On May 4, 2020, AILA and partners sent a letter to DHS and ICE requesting a coordinated and timely plan to expedite releases for individuals in immigration custody due to detainees and employees testing positive for the coronavirus.
AILA and Partners Submit Amicus Brief in Borden v. United States on Whether a Crime with a Mens Rea of Recklessness Counts as a “Violent Felo
AILA and partners submitted an amicus brief in the Supreme Court case of Borden v. United States discussing the severe consequences that will arise in immigration cases if the court determines that a crime with a mens rea of recklessness qualifies as a “violent felony” under the ACCA.
CA1 Upholds Denial of Motion to Reopen of Chinese Buddhist Petitioner in Indonesia
The court upheld the BIA’s denial of untimely motion to reopen, finding that the petitioner, who alleged that she faced harm in Indonesia based on her Chinese ethnicity and Buddhist religion, had not met her burden to show materially changed country conditions. (Sutarsim v. Barr, 5/1/20)
CA9 Says Petitioner’s Nevada Conviction for Possession of Child Pornography Is Not a “Sexual Abuse of a Minor” Aggravated Felony
The court held that petitioner’s conviction for “[p]ossession of visual presentation depicting sexual conduct of person under 16 years of age” in violation of Nevada Rev. Statutes §200.730 was not a sexual abuse of a minor aggravated felony under INA §101(a)(43)(A). (Mero v. Barr, 5/1/20)
EOIR Swears in Three New Board Members
EOIR announced the investiture of three new members to the Board of Immigration Appeals. The new members were appointed by Attorney General William Barr in April 2020. Notice includes the new Board members’ biographical information.
EOIR Issues Memo on Adjudicating Applications for CNMI Resident Status and Extending the Asylum Application Bar for Certain Persons in the CNMI
EOIR memo provides guidance on the adjudication of CNMI Resident Status applications in removal proceedings and the extended asylum application bar for persons present or arriving in the CNMI. The guidance may affect individuals in the CNMI and cases in the Saipan and Honolulu immigration courts.
BIA Holds Conviction Not Valid for Immigration Purposes Following Vacatur Under Cal. Penal Code 1473.(7)(3)
Unpublished BIA decision finds conviction vacated under Calif. Penal Code 1473.7(3) is no longer valid for immigration purposes. Special thanks to IRAC. (Matter of Antunez Delgado, 4/29/20)
CA2 Remands Former Jamaican Police Officer’s Withholding and CAT Claims Based on Feared Gang Violence
The court held that it could not conclude on the existing record whether the BIA had considered all relevant evidence and had applied the correct legal standard in rejecting the withholding of removal and Convention Against Torture (CAT) claims of the petitioner. (Scarlett v. Barr, 4/28/20)
Plaintiffs Will Continue Fight to Halt Dangerous and Unconstitutional Practices by EOIR and ICE
The decision denying the emergency TRO in NIPNLG, et al., v. EOIR, et al., is deeply disappointing; the lawsuit against EOIR and ICE was brought to protect the health of attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies.
Timeline of Case Challenging Immigration Court and Detention Policies in Response to COVID-19
The district judge denied the motion for a temporary restraining order (TRO). AILA, the Immigration Justice Campaign, the NIPNLG, and several detained individuals filed a TRO challenging immigration court and detention policies during COVID-19. (NIPNLG et al., v. EOIR et al., 4/28/20)
CA9 Says Government Not Required to Compensate Court-Appointed Pro Bono Counsel for Mentally Incompetent Petitioners
The court held that although it had the inherent authority to appoint pro bono counsel for the petitioner, who was mentally incompetent, it lacked the requisite statutory authority to order government compensation for his appointed counsel. (Perez v. Barr, 4/27/20)
CA3 Finds It Has Jurisdiction to Review Due Process Claims Where Petitioner Seeks Only Discretionary Relief
Granting petition for review, the court held that it has jurisdiction to review due process claims where a petitioner seeks only discretionary relief, and concluded that the petitioner presented a meritorious ineffective assistance of counsel claim. (Calderon-Rosas v. Att’y Gen., 4/27/20)
Latest AILA Law Journal is Live – Take a Look!
In this blog post, Danielle Polen, AILA's Director of Publications & Online Resources shares some highlights from the latest edition of the AILA Law Journal, hot off the presses this week with articles by leading experts on a wide array of issues affecting immigration law.
CA1 Remands Asylum Claim of Dominican Woman Who Asserted She Was “Unable to Leave” Domestic Relationship
The court held that there is no categorical rule precluding asylum or withholding of removal applicants from establishing membership in a particular social group defined in material part as women “unable to leave” a domestic relationship. (De Pena-Paniagua v. Barr, 4/24/20)