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
USCIS Issues Policy Alert on Controlled Substance-Related Activity and Good Moral Character Determinations
USCIS issued guidance to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character for naturalization even where that conduct would not be a state law offense. Effective 4/19/19. Comment period ends 5/2/19.
BIA Reverses Denial of Adjustment Based on Lack of Good Moral Character and Marital Bona Fides
Unpublished BIA decision holds that IJ erroneously denied adjustment based on lack of good moral character and bona fides of marriage because former is not a statutory requirement and latter was demonstrated by approval of Form I-130. Special thanks to IRAC. (Matter of Mosli, 4/19/19)
Practice Pointer: Completing Form I-589, Application for Asylum and Withholding of Removal
AILA’s Asylum and Refugee Committee provided this practice pointer with tips to help ensure proper completion of Form I-589, Application for Asylum and Withholding of Removal.
BIA Holds That Canada Fraud Statute Is Not a CIMT
Unpublished BIA decision affirms that categorical approach applies to foreign convictions and holds that fraud under section 380(b)(1) of the Criminal Code of Canada is not a CIMT. Special thanks to IRAC. (Matter of Omer, 4/18/19)
BIA Affirms IJ’s Decision to Terminate Removal, Finding Fraud Conviction Not a CIMT
In an unpublished BIA decision, the BIA affirmed the Immigration Judge’s decision to terminate removal proceedings, finding that the crime of fraud under $5,000, in violation of section 380(1)(b) of the Criminal Code of Canada is not a CIMT. Courtesy of Richard Hanus.
CA11 Upholds Asylum Denial to Salvadoran Who Received Gang Threats, over Dissent
In an unpublished decision, the court rejected the petitioner’s claim that the Atlanta Immigration Court (AIC) had denied her equal protection rights. The dissent noted that the petitioner’s statistics regarding the AIC merited further inquiry by the BIA. (Diaz-Rivas v. Att’y Gen., 4/18/19)
NWIRP Reaches Settlement with DOJ in EOIR Cease-and-Desist Letter Case
In a settlement agreement with NWIRP, DOJ agreed to issue a new rule clarifying that attorneys are not required to file a notice of appearance with EOIR when providing consultations and legal advice to unrepresented respondents in removal proceedings. (NWIRP v. Sessions, 4/17/19)
New York’s Office of the Chief Administrative Judge Issues Protocol Governing Activities in Courthouses
The State of New York’s Office of the Chief Administrative Judge issued a memo governing activities in courthouses by law enforcement agencies, including ICE, stating that ICE can no longer arrest undocumented immigrants inside New York courthouses unless they have a warrant signed by a judge.
AILA: AG Aims to Detain Asylum Seekers, Intruding Further on Immigration Court Independence
In response to the AG’s decision in Matter of M-S-, AILA Treasurer Jeremy McKinney stated, “This decision further expands mandatory and prolonged detention of people who are neither dangerous nor flight risks, practices which are constitutionally suspect and a waste of taxpayer money.”
Attorney General Barr Strips Bond Eligibility From Asylum Seekers: Matter Of M-S- Analysis And Q&A
AILA, NIJC, Human Rights First, and Women’s Refugee Commission provide analysis and Q&A on Matter of M-S-.
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)