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
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Unpublished BIA decision holds that theft convictions under Nev.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Unpublished BIA decision says applicants for waivers under INA §237(a)(1)(H) need not file a Form I-601.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.
CA5 Holds Conviction for Family Violence Assault in Texas Is a Crime of Violence Under 18 USC §16(a)
The court affirmed the district court, holding that a conviction under Texas Penal Code §§22.01(a)(1) and (b)(2) for “Assault – Family Violence” falls within the definition of a crime of violence under 18 USC §16(a). (United States v. Gracia-Cantu, 4/2/19)
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.
BIA Vacates Finding That Respondent Was Ineligible for 212(h) Waiver
Unpublished BIA decision holds that IJ should have considered respondent’s testimony that bag contained only marijuana residue before finding that he was ineligible for waiver under INA 212(h). Special thanks to IRAC. (Matter of Zavala, 4/1/19)
BIA Vacates Finding That Respondent Engaged in Polygamy
Unpublished BIA decision finds that respondent did not necessarily engage in polygamy by marrying second wife before being officially divorced from first wife. Special thanks to IRAC. (Matter of Cisse, 4/1/19)
CA9 Declines to Rehear Sanchez v. Barr En Banc
The court issued an order denying the rehearing en banc of Sanchez v. Barr, in which the court held that the petitioner may be entitled to termination of removal proceedings after he made a prima facie showing of an egregious violation of 8 CFR §287.8(b)(2). (Sanchez v. Barr, 4/1/19)
CA5 Finds Petitioner Failed to Rebut Presumption of Receipt of Notice of Hearing Sent by Regular Mail
The court found the BIA did not abuse its discretion when, in applying the Matter of M-R-A- factors and looking to the totality of the circumstances, it determined that petitioner had failed to overcome the weaker presumption of effective service. (Navarrete-Lopez v. Barr, 4/1/19)
CA5 Upholds Denial of Motion to Reopen Where Petitioner Did Not Provide U.S. Mailing Address
The court held that the BIA did not abuse its discretion in finding that the information that the petitioner had provided to immigration officials—the names of his town and county in El Salvador—did not satisfy the notice requirement of INA §242b(a)(1)(F)(i). (Ramos-Portillo v. Barr, 4/1/19)
EOIR Released Statistics on Decision Outcomes for Second Quarter of FY2019
EOIR released statistics on outcomes of initial case decisions for the second quarter of FY2019 (through 3/31/19). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
EOIR Released Percentage of DHS-Detained Cases Completed Within Six Months for Second Quarter of FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. As of 3/31/19, 92 percent of initial case completions took less than six months.
CBP Releases FY2018 Border Security Report
CBP released a report summarizing its FY2018 border enforcement efforts. CBP recorded 404,142 apprehensions, and 279,009 inadmissible cases, a 15 percent increase over FY2017. CBP recorded a 59 percent increase in inadmissible family units, and a 42 percent increase in family units apprehended.
BIA Holds Findings Made Pursuant to Sex Offender Registration Do Not Qualify as “Elements”
Unpublished BIA decision holds that findings made by West Virginia trial judge in requiring respondent to register as a sex offender do not qualify as “elements” that can be considered under the categorical approach. Special thanks to IRAC. (Matter of Leguia Chuquichaico, 3/29/19)
EOIR Issues Memo on “No Dark Courtrooms”
EOIR issued PM 19-11, No Dark Courtrooms, to ensure that all available courtrooms are used for hearing cases every day during normal court operating hours, including maximizing the use of video teleconferencing and immigration adjudication centers. The memo is effective 5/1/19.
CA8 Upholds Asylum Denial to Guatemalan Woman Who Was Repeatedly Abused by Domestic Partner
The court upheld the BIA’s denial of asylum, finding that a reasonable adjudicator would not be compelled to find that the Guatemalan government was and would be unwilling or unable to protect the petitioner against her daughter’s abusive father. (Juarez-Coronado v. Barr, 3/29/19)
AILA Insight: The Government Shutdown and Its Impact on the Immigration Court
New Member Division Steering Committee member Olsa Alikaj-Cano provides an overview of the government shutdown’s impact on immigration courts, and some lessons learned in the aftermath.