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
AILA Quicktake #263: Attorney General Issues a Decision in Matter of M-S-
AILA’s Director of Government Relations Greg Chen discusses Matter of M-S-.
BIA Holds Maryland Malicious Destruction of Property Not a CIMT
Unpublished BIA decision holds that malicious destruction of property under Md. Code Ann., Crim. Law 6-301 is not a CIMT because it requires no aggravating factors. Special thanks to IRAC. (Matter of S-S-G-W-, 4/17/19)
CA7 Says BIA Erred in Finding Petitioner’s New Jersey Conviction for Assault with a Deadly Weapon Was a CIMT
The court granted the petition for review and remanded, finding that the BIA committed several legal errors when it concluded that the petitioner’s conviction for assault with a deadly weapon in New Jersey was a crime involving moral turpitude (CIMT). (Garcia-Martinez v. Barr, 4/16/19)
AG Finds Individual Who Is Transferred from Expedited Removal to Full Removal Is Ineligible for Release on Bond
The Attorney General found that if an individual is transferred from expedited removal to full removal proceedings after establishing credible fear, he is ineligible for bond and must be detained, unless he is granted parole. Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)
Homeland Security Advisory Council’s CBP Families and Children Custody Panel Issues Report on Individuals in CBP Custody
The Homeland Security Advisory Council’s CBP Families and Children Custody Panel released a report that provides findings and recommendations on the best practices from federal, state, and local organizations regarding care for families and children in CBP custody.
CA4 Finds There Is No Right to “Family Unity” Limiting ICE Detainee Transfers
The court affirmed the district court’s dismissal of a lawsuit challenging the constitutionality of ICE’s detainee transfer practices, finding that there is no substantive due process right to family unity in the context of immigration detention pending removal. (Reyna v. Hott, 4/16/19)
CA8 Says INA §236(a) Contains No Reasonableness Limitation on Pre-Removal Order Detention
The court reversed the district court’s order granting the habeas petition, finding that the district court erred when it concluded that pre-removal order detention under INA §236(a) is limited to “the period reasonably necessary to receive a removal decision.” (Ali v. Brott, 4/16/19)
BIA Terminates Proceedings After Finding Kidnapping Is Not a Removable Offense
The BIA terminated proceedings and dismissed the government’s appeal after finding that under the plain language of INA §101(a)(43)(H), kidnapping in violation of 18 U.S.C. § 1201(a) (2012) is not an aggravated felony. Matter of A. Vasquez, 27 I&N Dec. 503 (BIA 2019)
BIA Holds Pennsylvania Assault Statute Not a CIMT
Unpublished BIA decision finds assault under 18 Pa. Cons. Stat. 2701(a)(3) is not a CIMT because it does not require victims to actually be placed in fear of bodily injury. Special thanks to IRAC. (Matter of Ortega Campoverde, 4/12/19)
BIA Vacates Grant of DHS Motion to Change Venue for Failure of Service
Unpublished BIA decision grants interlocutory appeal and vacates grant of DHS motion to change venue because respondent’s attorney was not served with copy of motion. Special thanks to IRAC. (Matter of Loera Tovar, 4/12/19)
CA8 Remands Where Appellant Alleged Acceptance of Guilty Plea Was Based on Ineffective Assistance
The court held that the district court had abused its discretion, where the appellant had moved to vacate his conviction claiming that his counsel was ineffective by misadvising him about the immigration consequences of his guilty plea. (Dat v. United States, 4/11/19)
TRAC Report Finds Ten-Fold Difference in Odds of ICE Enforcement Depending Upon Where Individual Lives
TRAC found that a person's odds of being arrested and deported vary greatly depending upon where he or she lives. The odds of SC deportations and ICE community arrests showed up to a ten-fold difference among the states. Living in a sanctuary jurisdiction often reduced these odds.
AILA DOS Liaison Q&As (4/11/19)
Official DOS responses and follow-up notes from DOS to AILA/DOS liaison Q&As from a 4/11/19 meeting. Topics include public charge issues, PP 9645 waivers, J-1 exchange visitors, prudential revocation, DS-160/DS-260 issues, processing at various consular posts, LegalNet scope of review, and more.
Safeguarding the Integrity of Our Courts: The Impact of ICE Courthouse Operations in New York State
The ICE Out of Courts Coalition is comprised of over 100 organizations and entities across New York State and gathered qualitative and quantitative data on the negative impact ICE courthouse operations have had on the administration of justice, as well as equal access to justice, in New York state.
CA6 Upholds Denial of Asylum to Guatemalan Citizen Who Was Kidnapped by Gang at Seven Years Old
The court found that substantial evidence supported the BIA’s conclusion that petitioner, who was kidnapped, beaten, and raped by a gang at age seven, had failed to show that the Guatemalan government was unable or unwilling to control her persecutors and protect her. (K.H. v. Barr, 4/8/19)
BIA Holds Matter of Diaz-Lizarraga Does Not Retroactively Apply to Nevada Theft Convictions
Unpublished BIA decision holds that theft convictions under Nev. Rev. Stat. 205.0832(1)(b) entered prior to Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016), are not CIMTs. Special thanks to IRAC. (Matter of Aquinde, 4/8/19)
BIA Says Form I-601 Not Required to Seek 237(a)(1)(H) Waiver
Unpublished BIA decision says applicants for waivers under INA §237(a)(1)(H) need not file a Form I-601. Special thanks to IRAC. (Matter of Perez Sanchez, 4/5/19)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 4/1/19 and ending 6/30/19, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.45 per centum per annum. (84 FR 13788, 4/5/19)
CA5 Upholds Asylum Denial to Indian Who Suffered Past Persecution on Account of His Religion and Political Opinion
The court found that substantial evidence supported the BIA’s determination that DHS had rebutted the presumption of future persecution by showing a change in circumstances, where DHS had cross-examined the petitioner but had not presented any evidence of its own. (Singh v. Barr, 4/3/19)
CA8 Remands for BIA to Explain Why It Did Not Apply Sanchez-Sosa Factors to Remand Request
The court remanded for BIA to explain why it found it made no difference that petitioner had included a U visa filing receipt in his remand request, when Matter of Sanchez-Sosa suggests that a completed application should pause the removal process. (Caballero-Martinez v. Barr, 4/3/19)
Complaint Highlights Due Process Violations in El Paso Immigration Court and Calls for Immediate Oversight
A complaint filed with DOJ’s EOIR, OIG, and OPR by the American Immigration Council and AILA highlights systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center immigration court.
American Immigration Council and AILA File Complaint to Bring Injustice in El Paso Immigration Court to Light
The American Immigration Council and AILA filed an oversight complaint demanding investigation and highlighting systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center immigration court.
AILA Insight: What You Need to Know About ICE Bonds
AILA member Matthew Boles discusses how ICE bonds work, how to determine if your client has one, and what you can expect in a bond hearing.
Practice Alert: Problems with Feeing in Motions and Applications with Local USCIS Field Offices
AILA has received reports of difficulties experienced at local USCIS offices when attempting to fee in an EOIR motion/application via an InfoPass appointment, or in emergency situations via walk-in. AILA solicited examples and raised several to the attention of USCIS and the CIS Ombudsman.
AILA and Florence Immigrant & Refugee Rights Project Submits Amicus Brief Raising Concerns About the Elements of Robbery
AILA and Florence Immigrant & Refugee Rights Project submitted amicus brief in United States v Martinez-Hernandez arguing that the California Penal Code Section 211 is overboard to the generic crime of theft and substantial departure from the 50 states and the District of Columbia.