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
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Unpublished BIA decision remands record to consider whether Arizona definition of methamphetamine is divisible between optical and geometric isomers.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Unpublished BIA decision vacated requirement that respondent post $500 voluntary departure bond because ICE declined to accept it due to computer problems at the DHS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Unpublished BIA decision holds that the IJ should have exercised jurisdiction over the respondent’s motion to reopen because his prior appeal had been dismissed for lack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)
BIA Holds New Hampshire Drug Statute Not an Aggravated Felony
Unpublished BIA decision holds that sale of a controlled substance under N.H. Rev. Stat. 318-8:26 is not an aggravated felony because it applies to gifting or offering a controlled substance. Special thanks to IRAC. (Matter of Bah, 1/31/19)
DHS OIG Issues Report on ICE’s Failure to Fully Use Contracting Tools to Hold Detention Facility Contractors Accountable
DHS OIG’s report found ICE doesn’t adequately hold detention facility contractors accountable to performance standards and issues waivers seeking to exempt them from complying with certain standards instead of applying financial penalties for deficient conditions.
EOIR Releases Addendum to LOP Cohort Analysis of Phase I: Detention Length with DHS Data
EOIR released an addendum to its Phase I report on the Legal Orientation Program (LOP) as DHS provided EOIR with more granularly precise data regarding detention, including book-in and book-out dates.
EOIR Releases Phase II Analysis of Its Legal Orientation Program Cohort
EOIR released analysis is a follow-up to Phase I with additional analysis of when LOP services are provided, how long hearings last for LOP participants and non-LOP participants, and the difference in applications filed between LOP participants and non-LOP participants.
CA7 Grants Petition, Remands to BIA to Clarify Determination of Statutory Inadmissibility and, If Necessary, Reconsider Waiver Eligibility
The court found BIA record unclear regarding whether inadmissibility challenge was waived, and remanded for clarification; it also held waiver was considered under incorrect standard and should be reviewed under less stringent Lautenberg Amendment standard. (Ruderman v. Whitaker, 1/29/19)
CA9 Denies Petition for Review Citing Bermudez-Cota After NTA Didn’t Specify Time/Date
The court denied petitioner’s petition for review, holding that a NTA that does not specify the time/date vests an IJ with jurisdiction over the removal proceedings, so long as a notice specifying this information is sent to the individual in a timely manner. (Karingithi v. Whitaker, 1/28/19)
USCIS Releases Guidance for Implementing Section 235(b)(2)(C) of the INA and the Migrant Protection Protocols
USCIS released a memo with guidance to USCIS officers regarding the implementation of the Migrant Protection Protocols, including supporting the exercise of prosecutorial discretion by CBP.
Featured Issue: EOIR’s Decision to Transfer Mesa Verde Detention Facility Cases to Van Nuys Immigration Court
EOIR announced that as of February 3, 2020, the San Francisco Immigration Courts would stop hearing cases of detainees at the Mesa Verde Detention Facility in Bakersfield, California. Instead hundreds of cases will be moved to a new immigration court in Van Nuys that opened in November 2019.
DHS Releases Policy Guidance for Implementation of the Migrant Protection Protocols
DHS released guidance on the Migrant Protection Protocols including information on Section 235(b)(2)(C) as well as prosecutorial discretion and non-refoulement.
CA1 Finds Failure to Demonstrate Past Persecution or Fear of Future Persecution Based on Any Protected Ground
The court affirmed petitioner only raised “wealthy returning Guatemalans” as protected ground, which precedent says is not PSG; failed to raise family status as potential protected ground; and failed to establish any fear of torture for CAT remedy. (Batres Agustin v. Whitaker, 1/25/19)
CA11 Upholds Denial for Failure to Show Membership in a Cognizable Social Group
The court affirmed—whether under Chevron or de novo—that “Mexican citizens targeted by criminal groups because they have been in the US and they have families in the US” was not sufficiently particular nor distinct to be PSG; it also found no nexus. (Perez-Zenteno v. Att’y Gen., 1/25/19)
CA1 Holds Persecutor Bar Applies Even If Applicant Lacked Personal Motive When Participating in Persecution
The court upheld reversal of NACARA cancellation, finding persecutor bar does not require an assistant share persecutors’ motive; bar applies to one who knowingly aided persecution based on protected ground, regardless of whether they held “illicit motive.” (Alvarado v. Whitaker, 1/24/19)
CA9 Grants in Part and Remands for Proper Internal Relocation Analysis
The court found BIA erred by not conducting a sufficiently individualized relocation analysis, failing to consider petitioner’s safety if he continued expressing political opinion in relocated area and assuming he could stop his expression to avoid harm. (Singh v. Whitaker, 1/24/19)