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
DHS Notice of Meeting of Homeland Security Advisory Council
DHS notice that the Homeland Security Advisory Council will meet in person in Washington, D.C. on 5/21/19. Part of the meeting will be open to the public. During the meeting, the council will receive an update from the Families and Children Care Panel subcommittee. (84 FR 19928, 5/7/19)
CA5 Finds BIA Did Not Err in Declining to Evaluate Reformulated PSG
The court affirmed the BIA’s order denying the petitioners’ applications for asylum and withholding of removal, finding that the BIA did not err by refusing to consider the petitioners’ reformulated particular social group (PSG) on appeal. (Cantarero-Lagos, et al., v. Barr, 5/6/19)
ICE Creates Program for Local Law Enforcement to Honor Immigration Detainers
ICE created the Warrant Service Officer (WSO) program designed for local law enforcement that wish to honor immigration detainers but are prohibited due to state/local policies that restrict cooperation. The new program is “limited in scope” but allows these jurisdictions to cooperate with ICE.
BIA Grants Motion to Change Venue Denied by IJ in Atlanta
Unpublished BIA decision grants change of venue from Atlanta to Los Angeles where IJ repeatedly denied prior motions in summary fashion and where respondent, her attorney, and all witnesses resided in California. Special thanks to IRAC. (Matter of Padilla, 5/6/19)
BIA Vacates Denial of Cancellation of Removal Because DHS Did Not Oppose Grant of Relief
Unpublished BIA decision states that “[w]hen DHS gives notice to the court that it does not oppose a grant of a requested form of relief, that relief ordinarily should be granted absent a compelling reason not do to so.” Special thanks to IRAC. (Matter of I-S-M-H-, 5/3/19)
CA9 Finds Honduran Boy Should Have Been Advised of Apparent Eligibility for SIJ Status
The court granted the petition for review and remanded, concluding that the IJ erred by failing to advise the 14-year-old Honduran petitioner that he was an at-risk child potentially eligible for relief as a Special Immigrant Juvenile (SIJ). (C.J.L.G. v. Barr, 5/3/19)
CA2 Finds Petitioner Convicted of Third-Degree Burglary in Connecticut Is No Longer Subject to Removal Proceedings
The court held that petitioner was no longer subject to removal proceedings in light of the Supreme Court’s ruling in Sessions v. Dimaya, because the basis for his removal was the finding that his conviction was a crime of violence as defined in 18 USC §16(b). (Genego v. Barr, 5/2/19)
AILA Submits Amicus Brief Arguing Term “CIMT” Is Impermissibly Vague
AILA and other groups submitted an amicus brief to the Ninth Circuit Court of Appeals in Islas-Veloz v. Barr arguing that the term “Crime Involving Moral Turpitude” as used in the INA is impermissibly vague, and supports petitioner’s request for a panel rehearing or rehearing en banc.
BIA Terminates Proceedings Because Criminal Conviction Was on Direct Appeal
Unpublished BIA decision upholds termination of proceedings in light of letter from criminal appellate attorney attesting that respondent’s case was on direct appeal and related to a substantive defect in the underlying proceedings. Special thanks to IRAC. (Matter of Castillo, 5/2/19)
BIA Holds Possession of Prohibited Substance in Prison Not a CIMT
Unpublished BIA decision holds that possession of prohibited substance or alcohol in a prison setting under Cal. Penal Code 4573.6(a) is not a CIMT because it applies to non-narcotic pain relievers and antibiotics. Special thanks to IRAC. (Matter of De Frias De Sousa, 5/2/19)
EOIR Notice and Request for Comments on Form EOIR-26
EOIR notice and request for comments on proposed revisions to Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. The deadline for comments has been extended to 7/8/19 by a new notice published at 84 FR 19960. (84 FR 18586, 5/1/19)
BIA Remands, Finding that a Subsequent Notice of Hearing Can “Perfect” a Deficient NTA
The BIA held that if a NTA does not specify time/place of initial removal hearing, the subsequent service of a notice with that information “perfects” the deficient NTA and triggers the stop-time rule. Matter of Mendoza-Hernandez and Matter of Capula-Cortes, 27 I&N Dec. 520 (BIA 2019)
USCIS Provides Approximate Count of DACA Receipts Since January 2018 Injunction
USCIS provided the approximate count, as of 4/30/19, of DACA applications received since 1/10/18, the day after a district court directed the government to partially maintain the DACA program. The count is broken down by DACA expiration date and adjudicative status (approved, denied, and pending).
CLINIC Provides Overview of Matter of M-S-
CLINIC provided an overview of the Attorney General decision in Matter of M-S-, which limits immigration judges’ custody redetermination, or bond, authority for asylum seekers who enter between ports of entry. The overview includes information on the impact and challenges to the decision.
USCIS Updates Officer Training on Credible Fear of Persecution and Torture Determinations
USCIS updated its Refugee, Asylum, and International Operations (RAIO) Directorate Officer Training course on credible fear of persecution and torture determinations, to explain how to determine whether an individual subject to expedited removal or an arriving stowaway has a credible fear.
USCIS Releases Data on Approximate Number of Pending DACA Applications
USCIS released a report on the approximate number of pending DACA renewal applications with expired DACA, and an approximate number of DACA initial applications pending as of 4/30/19.
USCIS Releases Demographical Data on Approximate Active DACA Recipients
USCIS released data on the approximate number of active DACA recipients by birth, state or territory of residence, core based statistical area, sex, age, and marital status. This report contains data through 4/30/19.
CA9 Upholds BIA’s Decision Not to Certify Ineffective Assistance of Counsel Claim for Review Under 8 CFR §1003.1(c)
The court held that the BIA’s decision not to certify a claim is committed to agency discretion and, in this case, was not subject to judicial review. (Idrees v. Barr, 12/13/18, amended 4/30/19)
BIA Holds Illinois Unlawful Restraint Not a CIMT
Unpublished BIA decision holds that unlawful restraint under 720 Ill. Comp. Stat. 5/10-3 is not a CIMT because there is no minimum amount of time for which the victim must be restrained. Special thanks to IRAC. (Matter of Peraza Aguilar, 4/30/19)
Massachusetts Officials File Lawsuit Challenging ICE’s Policy of Making Immigration Arrests in State Courthouses
Massachusetts prosecutors, public defenders, and advocacy groups filed a lawsuit in the U.S. District Court for the District of Massachusetts challenging ICE’s policy of conducting civil immigration arrests inside of state courthouses in Massachusetts. (Ryan, et al. v. ICE, et al., 4/29/19)
DOJ Notice and Request for Comments on Proposed Revisions to Forms EOIR-42A and EOIR-42B
DOJ notice and request for comments on proposed revisions to Form EOIR-42A and Form EOIR-42B. Comments are due 5/28/19. (84 FR 17891, 4/26/19)
CA1 Finds Petitioner Failed to Satisfy Prejudice Requirement for Ineffective Assistance of Counsel Claim
The court upheld the BIA’s denial of petitioner’s motion to reopen his 2012 removal order, finding that the petitioner failed to show sufficient prejudice resulting from the alleged ineffective assistance of counsel upon which he based his motion to reopen. (Franco-Ardon v. Barr, 4/26/19)
AILA and Partners Submit Amicus Brief on Destruction of Records and Legislative Decriminalization
AILA and other advocates submitted an amicus brief to the Third Circuit in Khan v. Barr urging that the petition for review be granted, arguing that after an offense is decriminalized, the conviction should not continue to have immigration consequences.
AILA Submits Comments on DOJ’s ANPRM on Limited Representation Before EOIR
AILA submitted comments in response to DOJ’s advance notice of proposed rulemaking (ANPRM) on potential amendments to EOIR regulations governing the rules of practice and the scope of appearance and representation before the immigration courts and the BIA.
CA5 Finds BIA's Retroactive Application of Matter of Diaz-Lizarraga Violates Due Process
The court found that the BIA erred in applying the definition of crimes involving moral turpitude (CIMTs) announced in 2016 in Matter of Diaz-Lizarraga to the petitioner's 2007 conviction for attempted theft. (Monteon-Camargo v. Barr, 3/14/19, amended 4/26/19)