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
CA6 Finds Government Can Trigger Stop-Time Rule by Satisfying Requirements of Notice to Appear Through Multiple Documents
In an unpublished decision, the court held the government can trigger the stop-time rule by satisfying the requirements of a Notice to Appear under INA §239(a)(1) through more than one document. Note: The Supreme Court granted certiorari in the case on 6/8/20. (Niz-Chavez v. Barr, 10/24/19)
AILA Submits Comments on DOJ Interim Rule Making Organizational Changes to EOIR
On 10/25/19, AILA submitted comments in response to DOJ’s interim rule making organizational changes to EOIR, including delegating authority to adjudicate backlogged appeals from the Attorney General to the EOIR Director. The rule became effective on 8/26/19.
Mary Kramer on Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants
AILA author Mary E. Kramer discusses her new book, Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants, and why this is a critical resource to add to the references you use on a daily basis.
TRAC Reports Increasing IJ Caseloads and Lengthening Hearing Wait Times
TRAC reports that IJ caseloads have grown substantially under the Trump administration. By 9/30/19, 1,023,767 “active” cases were pending compared to 542,411 at the start of the administration. At some locations, immigrants now wait an average of four years before their hearing is scheduled.
Attorney General Affirms BIA’s Order in Matter of Castillo-Perez on Multiple DUIs and the Good Moral Character Standard
The AG affirmed the BIA’s order vacating the IJ's decision to grant cancellation of removal, holding that two or more DUI convictions during the relevant period establish a presumption of lack of good moral character during that time. Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)
AG Vacates Decisions and Remands to Assess State-Court Alterations in Light of the Pickering Test
The AG vacated two decisions as they were based on earlier precedents that were overruled and remanded for the Board to assess the state-court alteration in light of the Pickering test. Matter of Thomas and Matter of Thompson, 27 I&N Dec. 674 (A.G. 2019)
CLINIC Obtains FOIA Disclosures on EOIR’s Office of Policy
CLINIC submitted a FOIA request to EOIR seeking records related to the Office of Policy. Specifically, CLINIC sought records pertaining to the purpose, budget, formation, staffing, mission, and activities of the Office of Policy, and the Immigration Law Division within the Office of Policy.
CA9 Finds IJ Lacks Jurisdiction over an Inadmissibility Waiver Request by a Noncitizen Already in the United States
The court held that, in removal proceedings begun against a noncitizen after the noncitizen has already entered the United States, an IJ lacks authority to grant the noncitizen a U visa waiver of inadmissibility under INA §212(d)(3)(A)(ii). (Man v. Barr, 10/24/19)
EOIR Releases Statistics on Decision Outcomes for FY2019
EOIR released statistics on outcomes of initial case decisions for FY2019 (10/1/18–9/30/19). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
DHS Notice of Meeting of Homeland Security Advisory Council
DHS notice that the Homeland Security Advisory Council will meet on 11/14/19 in Arlington, VA. The meeting will be partially open to the public, and the public portion will include review of a report from the Families and Children Care Panel. (84 FR 56828, 10/23/19)
BIA Reaffirms Eligibility of TPS Holder to Adjust Status
Unpublished BIA decision reaffirms prior finding that respondent with TPS who left and returned under grant of advance parole was “admitted or paroled” for purposes of seeking adjustment of status. Special thanks to IRAC. (Matter of Ramirez-Cruz, 10/23/19)
BIA Reopens and Terminates Proceedings Sua Sponte Following Gubernatorial Pardon
Unpublished BIA decision reopens and terminates proceedings sua sponte over DHS opposition following full and unconditional pardon by the governor of Washington for conviction underlying sole basis of removability. Special thanks to IRAC. (Matter of Krouch, 10/22/19)
DOJ Proposed Rule on DNA Collection from Immigration Detainees
DOJ proposed rule which would give the Attorney General plenary legal authority to direct DHS to collect DNA samples from immigration detainees. Comments are due 11/12/19. (84 FR 56397, 10/22/19)
Practice Pointer: ICE Withdraws Huge Fines Under INA § 274(D)
AILA learned that DHS began sending out fine notices that targeted individuals in sanctuary jurisdictions, ordering them to pay fines of up to nearly $500,000. In October 2019, the Trump administration reversed this policy and withdrew the fines.
CA9 Declines to Rehear Dai v. Sessions En Banc
The court issued an order denying the rehearing en banc of Dai v. Sessions, in which the court held that, in the absence of an explicit adverse credibility determination by the IJ or the BIA, the court must accept as true the testimony of an asylum applicant. (Dai v. Barr, 10/22/19)
DOJ to Direct DHS to Collect DNA Samples from Non-U.S. Person Detainees
DOJ issued a notice of proposed rulemaking that would restore to the Attorney General the authority to authorize and direct DHS to collect DNA samples from the non-U.S. persons it detains. The DNA samples collected by DHS will be entered into the FBI’s Combined DNA Index System (CODIS).
BIA Finds Crime of Dissuading a Witness in Violation of §136.1(b)(1) of the California Penal Code Is an Aggravated Felony Offense
Applying Matter of Valenzuela Gallardo retroactively, BIA dismissed respondent’s appeal finding that the crime of dissuading a witness in violation of §136.1(b)(1) of the CA Penal Code is categorically an aggravated felony offense. Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019)
CA10 Upholds Denial of Asylum to Salvadoran Threatened Due to Political Graffiti Painted on His House
The court upheld the BIA’s conclusions that the assault petitioner suffered was based on a personal disagreement rather than on account of his political opinion, and that the threat of future harm made to him was not due to his imputed political opinion. (Escobar-Hernandez v. Barr, 10/18/19)
BIA Finds Conviction for Fourth-Degree Sexual Offense in Maryland Is Not a CIMT
Unpublished BIA decision terminated removal proceedings after concluding that DHS failed to establish by clear and convincing evidence that respondent’s fourth-degree sexual offense in Maryland was a crime involving moral turpitude (CIMT). Courtesy of Eric Singer. (Matter of –, 10/17/19)
Members of Congress Call for Investigation of Tent Courts
A group of Democratic leaders in the House of Representatives sent a letter to the DHS Inspector General and DOJ Inspector General calling for an investigation of the use of tent facilities to adjudicate immigration hearings via video teleconference for asylum seekers subject to Remain in Mexico.
BIA Holds Maryland Sexual Offense Not a CIMT
Unpublished BIA decision holds that fourth-degree sexual offense under Md. Code Ann., Crim. Law 3-308(b)(1) is not a CIMT because the required mental state may include negligence. Special thanks to IRAC. (Matter of Henriquez-Dimas, 10/17/19)
AILA Submits FOIA Request on EOIR's Hiring Procedures
AILA submitted a Freedom of Information Act (FOIA) request for EOIR’s hiring procedures for appellate immigration judge (AIJ) positions and Board Member positions established on March 8, 2019.
CA7 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Decision Declining to Reopen Proceedings Sua Sponte
The court dismissed the petition for review for lack of jurisdiction to the extent that the BIA had declined to reopen the proceedings sua sponte, and upheld the BIA’s denial of the petitioner’s motion to reconsider and reopen the BIA’s decision of 2003. (Malukas v. Barr, 10/15/19)
CA5 Remands Asylum Claims in Light of Matter of L-E-A- Where Petitioner’s Particular Social Group Was His Family
The court vacated and remanded in light of Matter of L-E-A-, after finding that the BIA's reliance on the factual findings of the IJ were likely impacted by the incorrect legal posture through which the IJ viewed the case. (Pena Oseguera v. Barr, 8/23/19, amended 10/15/19)
Practice Pointer: EOIR Policy Memo, Use of Status Dockets
AILA Practice Pointer on EOIR policy memo 19-13, use of status dockets. Status cases are "cases in which an immigration judge must delay final adjudication of the case pursuant to law."