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
EOIR Issues a Policy Memo on Administrative Review of Recognition and Accreditation Determinations
EOIR released a policy memo outlining the procedures that the EOIR Director will follow in administratively reviewing certain requests for reconsideration of determinations regarding recognition and accreditation denied by the Assistant Director for Policy.
EOIR Releases a Policy Memo on Case Processing at the BIA
EOIR released a policy memo providing guidance on the case management system for appellate adjudications by the BIA and setting internal deadlines for all phases of the pre-adjudicatory process at the BIA, including for case processing prior to completion of the appellate record.
EOIR to Open New Immigration Court in Atlanta
EOIR announced it will open a new immigration court in Atlanta, Georgia, on October 15, 2019. Notice includes the court’s location, contact information, and hours of operation.
CA1 Finds Petitioner Failed to Show He Would More Likely Than Not Be Tortured If Removed to Guatemala
The court held that the petitioner had failed to show that the record compelled a finding other than the one that the IJ had reached, and upheld the BIA’s denial of deferral of removal under the Convention Against Torture (CAT). (Samayoa Cabrera v. Barr, 10/1/19)
EOIR Releases Summary of ECAS Enhancements
EOIR released a summary of ECAS enhancements for attorneys and accredited representatives. Summary includes lead/rider cases – supporting document uploads, priority processing categories, existing bond redemption request warning, and time stamp and page number watermarks.
DHS Releases Annual Flow Report on Immigration Enforcement Actions in 2018
DHS OIS released a report on DHS immigration enforcement actions in 2018. Compared to 2017, DHS made 24 percent more apprehensions, 30 percent more determinations of inadmissibility, issued 37 percent more Notices to Appear, and performed 17 percent more removals and 14 percent more repatriations.
EOIR Released Median Completion Times for Detained Cases
EOIR released the median completion times for detained cases from FY2008 through FY2019. In FY2019, the median completion time for non-review cases was 46 days.
EOIR Released Statistics on Median Times for Pending Detained Cases
EOIR released statistics on the median times for pending detained cases from FY2008 through FY2019. In FY2019, the median pending time for non-review cases was 47 days and the median pending time for review cases was five days.
EOIR Released Asylum Decision Rates by Nationality in Cases Originating with a Credible Fear Claim for FY2019
EOIR released asylum decision rates (grants, denials, administrative closure, and other) in cases that originated with a credible fear claim, broken down by the nationality of applicants for FY2019 (through 9/30/19).
BIA Holds Oregon Theft Not a CIMT Prior to Matter of Diaz-Lizarraga
Unpublished BIA decision holds that convictions for second degree theft in Oregon entered prior to Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016) do not qualify as crimes involving moral turpitude. Special thanks to IRAC. (Matter of Gordon-Flores, 9/30/19)
EOIR Releases Percentage of Detained Cases Completed Within Six Months for FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. In FY2019, 93 percent of initial case completions were completed in less than six months.
EOIR Released UAC Statistics for FY2019
EOIR released statistics on I-862 initial case completions for unaccompanied children (UAC) for FY2019. The total number of pending cases at the end of FY2019 was 91,513. Decisions were made in 14,960 cases, with 10,553 cases ending in removal.
USCIS Releases Report on Approximate Active DACA Recipients
USCIS released a report on the number of people with a DACA expiration date on or after 9/30/19. The report also contains the number of pending DACA renewal applications, approximate active DACA recipients by country of birth, state or territory of residence, gender, and age group.
EOIR Released the Current Median UAC Case Completion and Case Pending Time for FY2019
EOIR released the current median unaccompanied child (UAC) case completion and case pending time. In FY2019, the median pending time was 867 days and the median completion time was 610 days.
EOIR Released FY2019 Statistics on UAC Cases Pending More than Three Years
EOIR released FY2019 statistics on current unaccompanied children cases that have been pending for more than three years. As of the end of FY2019, 28,478 cases were pending.
District Court Enjoins ICE from Issuing Detainers Based on Error-Filled Databases
The court issued a permanent injunction enjoining ICE from issuing detainers based solely on database searches that rely upon information from sources that lack sufficient indicia of reliability for a probable cause determination for removal. (Gonzalez, et al. v. ICE, et al., 9/27/19)
BIA Rescinds In Absentia Order Due To Ineffective Assistance of Counsel
Unpublished BIA decision rescinds in absentia order based on ineffective assistance where respondent’s attorney was later suspended by state bar and found to have committed professional misconduct while representing respondent. Special thanks to IRAC. (Matter of Salas, 9/27/19)
BIA Terminates Proceedings Following Late-Filed Criminal Appeal
Unpublished BIA decision terminates proceedings under Matter of J.M. Acosta in light of late-filed but pending appeal challenging underlying criminal conviction on basis of ineffective assistance of counsel. Special thanks to IRAC. (Matter of Mejia Peralta, 9/27/19)
BIA Reopens Proceedings Sua Sponte for Respondent to Seek Parole in Place
Unpublished BIA decision reopens proceedings sua sponte for respondent to apply for parole in place based on his marriage to a member of the armed forces. Special thanks to IRAC. (Matter of Neves-Da Silveira, 9/26/19)
DOJ’s Immigration Court Practice Manual (Updated on 9/26/19)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts.
AILA Sends Letter Requesting Information and Access to Port Courts
AILA sent a letter to various government agencies requesting information and access to tent court facilities to observe immigration court hearings.
BIA Dismisses Appeal After Finding §124.401(5) of the Iowa Code Is Divisible Because a Specific Drug Is Involved
The BIA found respondent to be removable as §124.401(5) of the Iowa Code is divisible as to the specific drug involved and upheld the IJ’s application of the modified categorical approach to determine that the drug was methamphetamine. Matter of Gonzalez Lemus, 27 I&N Dec. 612 (BIA 2019)
AILA Submits an Amicus Brief to the First Circuit on the Two-Step Notice Process
AILA submitted an amicus brief to the First Circuit in Boutriq v. Barr, arguing that the BIA’s conclusion of the two-step process triggers the stop-time rule conflicts with the statute’s unambiguous text and unreasonably departs from the consistent recognition that a NTA is a single document.
District Court Says Asylum Seekers at Buffalo Federal Detention Facility Are No Longer Entitled to Bond Hearings After Six Months
A New York district court held that after the Supreme Court’s ruling in Jennings v. Rodriguez, ICE is no longer required to give individualized bond hearings to noncitizens detained for more than six months and decertified the subclass. (Abdi, et al. v. McAleenan, et al., 9/24/19)
CA2 Says Second-Degree Assault with a Deadly Weapon in New York Is an Aggravated Felony Crime of Violence
The court concluded that the petitioner’s conviction for second-degree assault with a deadly weapon or dangerous instrument under New York Penal Law (NYPL) §120.05(2) was an aggravated felony crime of violence under 18 USC §16(a). (Singh v. Barr, 9/24/19)