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
CA3 Transfers Case to District Court for Hearing on Whether Petitioner’s Parents Had a Legal Separation
The court vacated the BIA’s decision affirming the IJ’s denial of the petitioner’s citizenship claim and transferred the petition for review to a district court for a de novo hearing to determine whether the petitioner’s parents were separated legally. (Espichan v. Att’y Gen., 12/27/19)
CA8 Finds Reinstatement Statute Prevented Petitioner from Attacking Validity of His Underlying Removal Order
The court denied the petition for review of the petitioner’s reinstatement order, finding that it lacked jurisdiction to consider the petitioner’s arguments concerning the validity of his underlying removal order. (Lara-Nieto v. Barr, 12/27/19)
CA8 Finds Petitioner Did Not Raise a Valid Constitutional Claim or Question of Law Regarding Denial of Cancellation Application
The court held that the BIA did not err in finding that the petitioner had failed to satisfy his burden to show that his children would suffer an “exceptional and extremely unusual hardship” should he be removed and should his children accompany him to Mexico. (Apolinar v. Barr, 12/27/19)
BIA Rescinds In Absentia Order Against Respondent Who Was Stuck in Traffic
Unpublished BIA decision rescinds in absentia order due to ineffective assistance of counsel because the respondent’s attorney failed to enter the courtroom and alert the IJ that the respondent was stuck in traffic. Special thanks to IRAC. (Matter of Singh, 12/27/19)
BIA Holds Current Valid Passport Not Required for Voluntary Departure
Unpublished BIA decision holds that applicants for voluntary departure need only have authorization to enter country to which they would depart and thus do not need a current valid passport. Special thanks to IRAC. (Matter of Hernandez-Oviedo, 12/27/19)
CA9 Says Noncitizens Subject to Expedited Removal Under INA §238 Have Statutory Right to Counsel in Reasonable Fear Proceedings
The court held that, based on the plain language of INA §238, noncitizens who have been convicted of aggravated felonies and who are subject to expedited removal under §238 have a statutory right to counsel in reasonable fear proceedings before IJs. (Zuniga v. Barr, 8/20/19, amended 12/26/19)
CA10 Holds BIA Did Not Err in Concluding Petitioner Convicted of Theft Was Ineligible for Cancellation of Removal
The court upheld the BIA’s determination that the petitioner was ineligible to apply for cancellation of removal, because she was unable to show that her 2007 Aurora, Colorado, theft conviction was not a disqualifying crime involving moral turpitude (CIMT). (Robles-Garcia v. Barr, 12/24/19)
CA11 Denies Emergency Stay of Removal Where Petitioner Failed to Show a Change in Country Conditions in Jamaica
The court held that petitioner was not entitled to an emergency stay of removal, concluding that the BIA had reasonably found he had failed to show a change in country conditions in Jamaica, and thus was not exempt from the deadline to file a motion to reopen. (Blake v. Att’y Gen., 12/23/19)
CA11 Remands After Finding Insufficient Evidence to Evaluate District Court’s Denial of Petition for Habeas Relief
The court reversed the district court’s denial of the petition for a writ of habeas corpus and remanded to determine whether the petitioner, who had been detained by ICE for more than 31 months, was entitled to release under Zadvydas v. Davis. (Singh v. Att’y Gen., 12/23/19)
Practice Pointer: Recent BIA Changes Likely to Alter Both Operations and Substance of Decisions
Three recent policy changes at EOIR have the potential to significantly alter both BIA operations and the substance of its decisions. This practice pointer summarizes the main changes made by each policy, how they could work in tandem to change the BIA, and key takeaways for practitioners.
BIA Says DHS Attorneys Cannot Leave Courtroom Before IJ Issues Decision
Unpublished BIA decision states that DHS attorneys may not leave prior to the issuance of an oral decision unless they are excused by the IJ for good cause. Special thanks to IRAC. (Matter of Lopez Velasquez, 12/23/19)
USCIS Releases Policy Alert on the Effect of Travel Abroad by TPS Beneficiaries with Final Orders of Removal
USCIS updated its policy manual to clarify the effect of travel abroad by TPS beneficiaries with final removal orders. Per USCIS, TPS beneficiaries who depart and return to the U.S. based on authorization to travel remain in the exact same immigration status and circumstances as when they left.
EOIR to Swear in 28 New Immigration Judges
EOIR announced that it will invest 28 new immigration judges (IJs) on December 20, 2019, bringing the IJ corps to its highest level in history with more than 465 IJs on the bench. The new judges were appointed by AG William Barr. Notice includes judges’ biographical information.
EOIR to Open New Immigration Court in Houston
EOIR will open a new immigration court in Houston, Texas, on S. Gessner Road on January 6, 2020. Notice includes information regarding all three Houston-area immigration courts, including court locations, contact information, and hours of operation.
Congress Authorizes Ombudsman for Immigration Detention
Congress authorized the creation of an Ombudsman for Immigration Detention in Pub. L. No. 116-93. The new office will be independent of DHS agencies and officers and will report directly to the DHS Secretary.
ICE Issues Updated National Detention Standards
ICE issued the National Detention Standards (NDS) 2019, which supersede the standards issued in 2000. Designed for non-dedicated facilities, the revised NDS eliminate or greatly reduce a number of prior standards, including for emergency plans, non-medical emergency escorted trips, and more.
CA2 Says BIA Appeal Filing Deadline Is a Claim-Processing Rule Amenable to Equitable Tolling
The court held that the BIA must consider the principles of equitable tolling when an untimely appeal is filed and the petitioner raises the issue, as the petitioner did in this case, and remanded to the BIA to consider whether equitable tolling applied. (Attipoe v. Barr, 12/19/19)
USCIS and EOIR Joint Notice of Proposed Rulemaking on Bars to Asylum Eligibility
USCIS and EOIR joint notice of proposed rulemaking that would add seven additional mandatory bars to eligibility for asylum. Comments are due 1/21/20. (84 FR 69640, 12/19/19)
EOIR 30-Day Notice and Request for Comments on Form EOIR-56
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings. Comments are due 1/21/20. (84 FR 69766, 12/19/19)
ICE Notice with Correction to 60-Day Notice on Proposed Revisions to Form I-352
ICE notice correcting an error to the 60-day notice and request for comments on proposed revisions to Form I-352, Immigration Bond, which was published at 84 FR 44913 on 8/27/19. (84 FR 69761, 12/19/19)
BIA Acknowledges Limitations of Matter of A-B-
Unpublished BIA decision states that Matter of A-B-, 27 I&N Dec.316, 320 (A.G. 2018), “does not preclude all domestic violence claims without exception in the asylum context.” Special thanks to IRAC. (Matter of A-B-S-P, 12/19/19)
Address Change for the Office of the Principal Legal Advisor in York, Pennsylvania
The Office of the Principal Legal Advisor in York, Pennsylvania, has moved from its location at the York County Prison. Any mail or documents sent to that address will no longer be properly served upon DHS. Notice includes new address.
Immigrant Advocacy Groups File Suit Challenging the Weaponization of Immigration Courts
Several immigrant advocacy groups filed a lawsuit challenging the weaponization of the nation’s immigration court system, or the creation of “an adjudication system where applicants for asylum are supposed to lose.” (Las Americas Immigrant Advocacy Center v. Trump, 12/18/19)
CA3 Finds Conspiracy to Commit Assault with a Dangerous Weapon Under 18 USC §1959(a)(6) Is Not an Aggravated Felony
The court granted the petition for review, concluding that the petitioner’s conviction under 18 USC §1959(a)(6) was not an aggravated felony under INA §101(a)(43)(F), (U), or (J), and thus that the petitioner was not removable as charged. (Quinteros v. Att’y Gen., 12/17/19)
District Court Enjoins ICE from Alleging “Fugitive” Status as a 7(A) FOIA Exemption
The district court in Colorado held that ICE’s Standard Operating Procedure (SOP) of denying any FOIA request when made by or on behalf of a noncitizen whom ICE deemed a “fugitive” under the immigration laws was not a proper categorical application of Exemption 7(A). (Smith v. ICE, 12/16/19)