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
Supreme Court Hears Oral Argument in Shular v. United States
On January 21, 2020, Shular v. United States went before the United States Supreme Court for oral argument. AILA members Sui Chung and Michael Vastine share their analysis of the argument.
BIA Rules That Prima Facie Eligibility for Collateral Relief Is Not Dispositive When Assessing Request for Continuance
BIA ruled that when assessing a request for continuance regarding an application for collateral relief, prima facie eligibility for relief and whether it will materially affect the outcome of proceedings are not dispositive. Matter of L-N-Y-, 27 I&N Dec. 755 (BIA 2020)
CA6 Upholds Finding That Petitioners Failed to Provide Material Evidence of Changed Country Conditions in Senegal
The court upheld the denial of petitioners’ motion to reopen their application for asylum, finding that the BIA did not abuse its discretion when it found that the petitioners had failed to provide material evidence of changed country conditions in Senegal. (Dieng, et al. v. Barr, 1/22/20)
TRAC Reports That Immigration Court Backlog Continues to Grow
TRAC reports that the immigration court backlog continues to grow, standing at 1,089,696 cases at the end of 12/19, up 65,929 compared to end of FY2019. Fastest growing segments of the backlog are Cubans, Venezuelans, and Nicaraguans. Majority are from Honduras, Guatemala, El Salvador, and Mexico.
TRAC Reports EOIR Restores Some Records, Others Continue to Go Missing in Greater Numbers
TRAC reports that EOIR has restored close to a million applications for relief to its latest public data release. The number of disappearing records of other kinds from EOIR’s master database that were in previous monthly shipments, however, continues to grow.
AILA Submits Comments on Proposed Rule on Bars to Asylum Eligibility
AILA submitted comments in response to USCIS and EOIR’s joint notice of proposed rulemaking on bars to asylum eligibility. AILA raises concerns regarding the insufficient 30-day comment period and the suggestion that CAT and Withholding of Removal are adequate substitutes for asylum.
CA10 Finds BIA Erred in Holding It Lacked Jurisdiction to Grant Petitioner’s Cancellation Application After Undue Delay
Where petitioner was no longer eligible for cancellation of removal because agency delays had caused his daughter to age out as a qualifying relative, the court held that the BIA erred in holding that it lacked jurisdiction to grant petitioner’s application. (Martinez-Perez v. Barr, 1/17/20)
BIA Remands Due to Faulty Conviction Records
Unpublished BIA decision remands for further consideration of removability because conviction records submitted by DHS were not originals or certified copies. Special thanks to IRAC. (Matter of Perez, 1/17/20)
Fearless Lawyering Toolkit
This toolkit, developed by the Immigration Justice Campaign, is a growing collection of resources to help you develop and hone your removal defense skills. Receive the tools you need to vigorously advocate for clients in immigration court, before the BIA, and before federal courts, if necessary.
BIA Clarifies Filing Requirements for INA 237(a)(1)(H) Waivers
Unpublished BIA decision states that there is no specific form or filing fee to apply for a waiver under INA 237(a)(1)(H). Special thanks to IRAC. (Matter of Castillo, 1/15/20)
CA2 Says New York Conviction for Attempted Possession of a Sexual Performance by a Child Is an Aggravated Felony
The court denied the petition for review, holding that the petitioner’s conviction in New York for attempted possession of a sexual performance by a child was an aggravated felony under the INA. (Quito v. Barr, 1/15/20)
AILA and Partners Submit Amicus Brief Urging the Attorney General to Adhere to Categorial Approach for Convictions Relating to Aggravated Felonies
AILA and partners submitted an amicus brief in Matter of Reyes urging the AG to adhere to a faithful application of the categorical approach and find that a conviction qualifies as an aggravated felony only where it is a categorial match to every element of the specific generic crime.
CA9 Says Conviction for Aggravated Assault in Arizona Is a CIMT
Denying the petition for review, the court held that the petitioner’s conviction for aggravated assault under Arizona Revised Statutes (ARS) §§13-1203(A)(2) and 13-1204(A)(2) qualified as a crime involving moral turpitude (CIMT) rendering the petitioner removable. (Altayar v. Barr, 1/14/20)
BIA Orders More Reasoned Decision on Sua Sponte MTR
Unpublished BIA decision remands for further consideration of sua sponte MTR where the IJ issued a form order stating only that he agreed with the reasons stated in opposition to the motion. Special thanks to IRAC. (Matter of Palmer, 1/14/20)
Federal Judge Finds Asylum Seekers Can Access Attorneys During Credible Fear Interviews
A district court judge found that the government may not conduct class members’ non-refoulement interviews without first affording the interviewees access to their retained counsel both before and during any such interview. (Doe v. Wolf, 1/14/20)
CA9 Grants Rehearing En Banc in Case Involving Immigrant Residing in the CNMI
The court granted rehearing en banc to revisit its prior decision filed on June 12, 2019, which stated that the petitioner, an immigrant residing in the Commonwealth of the Northern Mariana Islands (CNMI), was removable and ineligible for cancellation of removal. (Torres v. Barr, 1/13/20)
CA9 Says Conviction for Using False Documents to Conceal Citizenship in California Is Not an Aggravated Felony or a CIMT
The court held that the petitioner’s conviction for using false documents to conceal citizenship in violation of California Penal Code (CPC) §114 was neither an aggravated felony under INA §1101(a)(43)(P) nor a crime involving moral turpitude (CIMT). (Jauregui-Cardenas v. Barr, 1/13/20)
AILA and Partners Submit Amicus Brief on Whether a Crime with a Mens Rea of Recklessness Counts as a “Violent Felony”
AILA and partners submitted an amicus brief in the Supreme Court case of Walker 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.
EOIR Releases Policy Memo on Management of Liberian Cases Related to NDAA for FY2020
EOIR released a policy memo providing guidance for addressing ancillary issues that may arise in immigration proceedings concerning Section 7611 of the recently enacted NDAA for FY2020 which established an eligibility program for adjustment of status for certain Liberian nationals.
TRAC Finds Asylum Decisions Vary Widely Across Judges and Courts
TRAC found asylum denial rates vary widely across judges and courts. Five immigration courts decided half the cases and had a denial rate of 49%. Houston denied 92% of cases and Miami 86% compared to NY, which denied 26% and SF, which denied 30%. Twelve immigration courts had denial rates above 90%.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/20 and ending 3/31/20, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.61 per centum per annum. (85 FR 1375, 1/10/20)
AILA Policy Brief: Public Access to Tent Courts Now Allowed, but Meaningful Access Still Absent
AILA issued a policy brief following DHS’s announcement that it has opened the Laredo and Brownsville tent courts for court observers. DHS and DOJ have operationalized this directive in a way that fails to allow meaningful access to the tent court facilities and imposes new hurdles to transparency.
CA6 Vacates BIA’s Denial of Motion to Reopen of Iraqi Chaldean Christian Based on Ineffective Assistance Claim
The court found that the BIA abused its discretion by denying the motion to reopen of the petitioner, an Iraqi Chaldean Christian, holding that the BIA failed to account for record evidence and prior decisions involving nearly identical factual circumstances. (Kada v. Barr, 1/10/20)
Practice Alert: 30/60 Day Rule Eliminated from FAM Provisions on “Misrepresentation”
AILA provides a practice alert on the impact of recent revisions to the FAM with new guidance on evaluating “misrepresentation” for purposes of determining inadmissibility under INA §212(a)(6). The new FAM provisions eliminate the long-standing “30/60-Day Rule” and create a new “90-Day Rule.”
BIA Rules That an NTA Lacking Immigration Court’s Address Does Not Compel Termination
The BIA found that an NTA that does not indicate, or include a certificate of service indicating, the Immigration Court address does not deprive the court of subject matter jurisdiction thus compelling termination. Matter of Rosales Vargas and Rosales Rosales, 27 I&N Dec. 745 (BIA 2020)