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
Importance of Nationality in Immigration Court Bond Decisions
TRAC found that the chances of being granted bond at hearings before IJs vary markedly by nationality, as do required bond amounts. More than three out of every four individuals from India or Nepal, were granted bond, while only between 11 and 15% of immigrants from Cuba received a favorable ruling.
CA11 Holds It Lacks Jurisdiction to Review Factual Findings Underlying Denials of Withholding and Deferral of Removal Relief
In an unpublished decision, the court denied in part and dismissed in part the petition for review, holding that it lacked jurisdiction to review the petitioner’s argument about the likelihood of future harm in Lebanon. (Nasrallah v. Att’y Gen., 2/14/19)
BIA Holds Utah Possession of Drug Paraphernalia Not a Controlled Substance Offense
Unpublished BIA decision holds that conviction for possession of drug paraphernalia was not a controlled substance offense because the record of conviction does not identify substance involved. Special thanks to IRAC. (Matter of Lopez-Morales, 2/13/19)
BIA Holds New York Statute Targeting Unlicensed Drivers Not a CIMT
Unpublished BIA decision holds that aggravated unlicensed operation of a motor vehicle under NY Veh. and Traf. Law 511.3 is not a CIMT because defendant need not have actual knowledge that driving privileges were revoked. Special thanks to IRAC. (Matter of Alcantara, 2/13/19)
DHS OIG Finds Issues Requiring Action at the Essex County Correctional Facility in Newark, NJ
DHS OIG issued a report after a visit to the Essex County Correctional Facility identified serious violations, stating that ICE must “more closely scrutinizing the facility’s process for reporting incidents involving detainees, the handling of perishable foods, and the detainees’ living conditions.”
CA10 Upholds BIA Denial of Asylum and Withholding for Former Mexican Police Officer
The court held BIA reasonably relied on substantial evidence to find petitioner failed to show that threats he received while an active officer established past or future persecution based on his current status as an incorruptible former police officer. (Aguilar-Perez v. Whitaker, 2/13/19)
CA9 Affirms Removability, Upholds BIA Interpretation of “Single Scheme of Criminal Misconduct” and Its Inapplicability to Petitioner
The court denied petition for review, upholding BIA’s interpretation and finding that the petitioner was removable because his crimes did not arise out of a single scheme under BIA precedent. (Szonyi v. Whitaker, 2/13/19)
CA4 Grants Petition for Review After Finding CAT Risk of Torture Must Be Considered from All Sources in the Aggregate
The court held that neither the IJ nor BIA properly aggregated tattooed former gang member’s risk of torture from a combination of police, gangs, and vigilante groups; it also found neither meaningfully engaged with the submitted evidence. (Rodriguez-Arias v. Whitaker, 2/12/19)
ICE Releases Memo on Implementation of the Migrant Protection Protocols
ICE released a memo on its implementation of the Migrant Protection Protocols.
ICE Releases Guidance on Migrant Protection Protocols
ICE released a memo providing guidance to impacted Enforcement and Removal Operations (ERO) field offices on implementation of the Migrant Protection Protocols.
Bicameral Letter to DHS and USCIS on DACA Recipients’ Eligibility for Advance Parole
On 2/12/19, U.S. Senators and Representatives sent a letter to DHS and USCIS asking for information about DACA recipients’ eligibility for advance parole to travel internationally.
AILA Submits Amicus Brief on Motions to Reopen Based on Changed Country Conditions
AILA submitted a second amicus brief in Hamama v. Homan with a primary focus on the “when” of a Motion to Reopen based on changed country conditions.
Practice Pointer: Arguing Against Pretermission of Asylum Cases in Immigration Court in the Aftermath of Matter of A-B- and Matter of E-F
This practice pointer describes arguments that attorneys may make when immigration judges pretermit asylum applications without affording the applicants an individual calendar hearing at which they can present testimony and other evidence in support of their asylum cases.
CA5 Upholds Removability for Drug Offense, Affirms BIA’s Application of Circumstance-Specific Approach to Personal Use Exception
The court denied petition for review and held BIA reasonably used the circumstance-specific approach, versus the categorical approach, to determine if a conviction under Tenn. Code Ann. §39-17-418, fell within the personal use exception. (Cardoso de Flores v. Whitaker, 2/11/19)
BIA Remands to Consider Divisibility of Arizona Definition of Methamphetamine
Unpublished BIA decision remands record to consider whether Arizona definition of methamphetamine is divisible between optical and geometric isomers. Special thanks to IRAC. (Matter of Avalos, 2/11/19)
BIA Vacates Requirement That Respondent Post Voluntary Departure Bond
Unpublished BIA decision vacated requirement that respondent post $500 voluntary departure bond because ICE declined to accept it due to computer problems at the DHS office. Special thanks to IRAC. (Matter of Bastida-Garcia, 2/7/19)
A Constitutional Argument for an Independent Immigration Court
Law Student member Jeri Milan discusses a constitutional argument for an independent immigration court.
BIA Finds IJ Improperly Denied Motion to Reopen for Lack of Jurisdiction
Unpublished BIA decision holds that the IJ should have exercised jurisdiction over the respondent’s motion to reopen because his prior appeal had been dismissed for lack of jurisdiction. Special thanks to IRAC. (Matter of Aguirre-Polanco, 2/5/19)
CA9 Bound by Precedent that CIMT Is Not Unconstitutionally Vague; Holds “Communicating with Minor for Immoral Purposes” Is Categorically CIMT
The court denied the petition for review and held that “crime involving moral turpitude” is not unconstitutionally vague and that per precedent that all conduct prohibited under RCW §9.68A.090 is a CIMT. (Islas-Veloz v. Whitaker, 2/4/19)
CA4 Remands to BIA to Apply Proper De Novo Standard of Review to Determine Whether IJ Erred in CAT Government Acquiescence Finding
The court held IJ’s determination regarding government acquiescence is mixed question of law and fact and public officials’ actions is question of fact while whether those actions qualify as acquiescence is legal determination, triggering de novo review. (Cruz-Quintanilla v. Whitaker, 2/1/19)
AILA Members’ Letter to the Editor Template on the Immigration Court “Fake Date” Fiasco
We encourage AILA members to personalize and submit this Letter to the Editor on how “fake date” NTAs issued by the government are just the latest example of why we need an independent immigration court. Please email newsroom@aila.org with any questions or to share your success.
DHS Announces Implementation of Visa Sanctions on Ghana
DHS announced, in coordination with DOS, the implementation of visa sanctions on Ghana due to a lack of cooperation in accepting their nationals ordered removed from the United States.
CA11 Upholds BIA Findings for CIMT, Controlled Substance, and Aggravated Felony Removal Based on Flunitrazepam Conviction
The court affirmed conviction was possession with intent to deliver; that BIA did not err in considering controlled substance violation despite lack of DHS cross-appeal; and that Flunitrazepam was in updated schedules and, thus, a controlled substance. (Bula Lopez v. Att’y Gen., 1/31/19)
AILA and NIJC Submit Amicus Brief Challenging the Auer Deference Rulings
AILA and the National Immigrant Justice Center (NIJC) submitted an amicus brief to the Supreme Court in Kisor v. Wilkie, asking for the court of appeals judgment to be reversed and challenging the Auer doctrine that makes an agency’s interpretation of its own regulations controlling.
Acting AG Refers BIA Case to Himself and Invites Amicus Regarding Cancellation of Removal and Impact of Multiple DUIs
The Acting AG to review cancellation of removal eligibility and the impact of multiple convictions for driving while intoxicated or driving under the influence with regards to “good moral character.” Amicus briefs due by 2/25/19. Matter of Castillo-Perez, 27 I&N Dec. 495 (A.G. 2018)