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
CRS Releases Legal Sidebar on Matter of M-S-
CRS released a Legal Sidebar on the statutes and regulations governing expedited removal and the detention of individuals placed in formal removal proceedings, including how the AG’s ruling in Matter of M-S- modified immigration authorities’ prior interpretation of these legal authorities.
CA2 Finds Conspiracy in the Second Degree in New York Is an Aggravated Felony
The court denied the petition for review, finding that the petitioner’s conviction for conspiracy in the second degree to commit a felony—namely, murder in the second degree—under New York law constitutes an aggravated felony. (Santana-Felix v. Barr, 5/9/19)
CA7 Says It Lacks Jurisdiction to Review Prior Removal Order in Reinstatement Proceedings
The court dismissed the petition for review, holding that, under the plain language of 8 USC §1231(a)(5), it lacked jurisdiction to review the petitioner’s underlying 2005 removal order in the context of his reinstatement proceedings. (Villa v. Barr, 5/9/19)
AILA Update: Feeing in a Motion with EOIR at a Local USCIS Office
AILA provides results from the recent call for examples survey concerning feeing in a motion with EOIR at local USCIS field offices, as well as updates on subsequent actions taken with both USCIS and the CIS Ombudsman’s office.
CRS Report on “Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico
CRS provided an updated analysis of the Migrant Protection Protocol, discussing recent litigation, the rollout of the policy, expedited removal, statutory authority for the policy, and other legal issues.
NARA Notice of Records Schedules Including USCIS Records on Notices to Appear
National Archives and Records Administration (NARA) notice and request for comments with proposed records schedules from agencies in which the agencies propose to dispose of certain records. This notice includes a USCIS records schedule relating to Notices to Appear. (84 FR 20166, 5/8/19)
EOIR Releases “Myths vs. Facts About Immigration Proceedings”
EOIR released a purposed “Myths vs. Facts About Immigration Proceedings” factsheet.
Immigration Judge Grants Motion to Reopen In Absentia Order of Removal
Immigration Judge finds that if a party does not receive Notice of Hearing and is removed in absentia, said party may re-open proceedings to hear the case on its merits. The court relied on lack of evidence produced by the government in coming to its conclusion. Courtesy of Roopal Patel.
CA5 Rules in Favor of Government Where Asylum-Seeking Appellants Were Separated from Children and Deported
The court affirmed the district court’s judgment in favor of the government, holding that nothing in INA §235(b)(1)(A)(ii) prevents the government from initiating a criminal prosecution before or during the mandated asylum process. (United States v. Vasquez-Hernandez, et al., 5/8/19)
BIA Holds Offering to Transport Cocaine in California Not an Aggravated Felony
Unpublished BIA decision holds that offering to transport cocaine under Cal. Health & Safety Code 11352(a) is not an aggravated felony because solicitation offenses are not punishable under the Controlled Substances Act. Special thanks to IRAC. (Matter of Escobar, 5/7/19)
BIA Holds Minnesota Threats of Violence Not a CIMT
Unpublished BIA decision holds that threat of violence under Minn. Stat. 609.713, subd. 1 is not a CIMT in light of the state court cases cited in Avendano v. Holder, 770 F.3d 731 (8th Cir. 2014). Special thanks to IRAC. (Matter of Osman, 5/7/19)
EOIR 60-Day Notice and Request for Comments on Form EOIR-26
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. Comments are due 7/8/19. (84 FR 19960, 5/7/19)
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)
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.