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
DHS Releases Information Regarding Migrant Protection Protocols
DHS released information on the Migrant Protection Protocols, whereby certain individuals entering from Mexico may be returned to wait outside the U.S. for the duration of their immigration proceedings. Individuals will be given a Notice to Appear and returned to Mexico until their hearing date.
AILA Sends Oversight Letter to House Judiciary Committee
On 1/24/19, AILA sent a letter to the House Judiciary Committee urging the committee to conduct hearings to hold USCIS accountable to its mission, halt the administration’s interference with immigration judges’ independence, and stop the violations of due process happening at the border.
AILA Policy Brief: Trump Shutdown Bill Full of Extreme Restrictionist Provisions
The “End the Shutdown and Secure the Border Act” bill should be rejected as representing hardline restrictionist views, rather than a genuine attempt at compromise. It would provide weak DACA and TPS protections, ramp up funding for enforcement, and all but eliminate asylum for certain minors.
Stokeling v. United States: Supreme Court Defines “Crime of Violence”
In Stokeling v. United States, the Supreme Court addressed the definition of a "crime of violence" under the ACCA. This advisory from the ILRC alerts public defenders and immigration advocates to possible immigration challenges caused by Stokeling, and defense strategies.
CA3 Holds Bad Advice from Non-Lawyer and Consequent Failure to Attend Removal Hearing Is Not Exceptional Circumstance
The court held missed removal hearing based on non-legal bad advice was neither extreme nor beyond petitioner’s control and affirmed in absentia order did not violate due process, distinguishing Cabrera-Perez (slight lateness vs. failure to appear). (Jean Louis v. Att’y Gen., 1/23/19)
CA7 Remands and Holds BIA Legally Erred by Denying MTR Based on Incorrect Determination
The court held BIA misapprehended the purpose of new evidence submitted in support of sua sponte MTR, which might have adversely affected its exercise of discretion when it denied relief since it left doubt as to whether the new evidence was fully considered. (Fuller v. Whitaker, 1/23/19)
CA6 Confirms Conviction for MI Felonious Assault Is Not Categorically CIMT
The court found BIA decision not entitled Chevron deference and reviewed it de novo to confirm, per Hanna, MCL §750.82 was not categorically CIMT, nor divisible per Harris; thus, conviction was not removable CIMT ground. (Molina Hernandez v. Whitaker, 1/23/19)
CA1 Upholds BIA Finding That Untimely MTR Was Not Amenable to Equitable Tolling for Failure to Diligently Pursue Relief
The court affirmed petitioner failed to exercise the due diligence necessary to equitably toll MTR; found evidence he was on notice of possible ineffective assistance claim prior to, and after, removal order, yet waited nearly five years to file MTR. (Medina v. Whitaker, 1/22/19)
CA11 Remands to BIA to Determine Depth of IJ’s Inquiry Into Voluntariness in Ineffective Assistance Claim
The court found petitioner failed to order transcript, and held it could rely on IJ’s record reconstruction; here, record was inadequately memorialized, so CA11 determined it could be incomplete and remanded to determine the scope of the recreation. (Flores-Panameno v. Att’y Gen., 1/22/19)
Damaging Bill Is a Bait-and-Switch on Immigration
A bill slated for introduction in the Senate would fund President Trump’s border wall, but as AILA notes, it also includes many extreme provisions impacting asylum law, Temporary Protected Status holders, and more, that go far beyond what the president laid out in his recent speech.
AILA Quicktake #257: Senate Introduces Its Spending Bill
Greg Chen, Director of AILA's Government Relations, discusses the spending bill introduced by the Senate late Monday night. The bill includes many concerning provisions regarding DACA, TPS, and asylum policy.
CA9 Withdraws Opinion on Categorical Approach and Files Substitute Memorandum Disposition
The court withdraws an opinion filed on 8/29/18 and concurrently files a substitute memorandum disposition. The government’s petition for panel rehearing and motion for judicial notice are denied. No further petitions for rehearing en banc may be filed. (Lorenzo v. Whitaker, 1/17/19)
HHS OIG Issues Report on Separated Children Placed in ORR Care
HHS OIG issued a report finding that the total number of children separated from a parent or guardian by immigration authorities is unknown. The report found that thousands of children may have been separated during an influx that began in 2017, before the accounting required.
CA1 Upholds BIA Denial of MTR for Failure to Show Material Change in Country Conditions for Asylum
The court found gang and cartel violence in Mexico between 2012 and 2018 had not materially changed; rather, gang/cartel violence was a persistent problem and one that petitioner failed to prove would impact her as an “imputed American citizen.” (Garcia-Aguilar v. Whitaker, 1/16/19)
CA5 Upholds BIA Denial of Untimely Filed MTR, Finds No Relevant Exceptions
The court held motion to reopen denial based on ambiguous record of mailing address was not abuse of discretion; no jurisdiction to review changed country conditions as it’s question of fact; and no due process violation because no liberty interest exists in MTR. (Mejia v. Whitaker, 1/16/19)
BIA Holds Georgia Theft by Shoplifting Not a CIMT
Unpublished BIA decision holds that theft by shoplifting under Geo. Code Ann. 16-8-14 is not a CIMT because the statute does not require that the owner’s property rights be permanently or substantially eroded. Special thanks to IRAC. (Matter of Vo, 1/16/19)
CA9 Upholds BIA Denials of Asylum and Withholding, Affirms No Duress or De Minimus Exceptions to Material Support Bar
The court held Annachamy foreclosed duress argument, and, thus, was not colorable claim for jurisdiction over otherwise unreviewable determination; also held plain text of material support bar unambiguously contained no exception for de minimus funds. (Rayamajhi v. Whitaker, 1/15/19)
TRAC Reports that Cancelled Immigration Court Hearings Grow as Shutdown Continues
TRAC reports that as of 1/11/19, the estimated number of Immigration Court hearing cancellations due to the federal government shutdown reached 42,726. Each week the shutdown continues, cancelled hearings will likely grow by another 20,000.
BIA Holds Florida Statute Not Sexual Abuse of a Minor
Unpublished BIA decision holds that traveling to meet a minor under Fla. Stat. 847.0135(4)(a) is not sexual abuse of a minor because it applies to victims aged 16 and over. Special thanks to IRAC. (Matter of Rodriguez-Danu, 1/11/19)
CA1 Upholds BIA Determination of Untimely MTR, Denies Jurisdiction to Review BIA Decision to Not Exercise Sua Sponte Authority to Reopen
The court affirmed I-130 filed after removal order was not statutory exception to deadline, nor was it extraordinary circumstance to trigger equitable tolling; CA6 also declined to decide if §242(a)(2)(D) confers jurisdiction in constitutional-claim context. (Gyamfi v. Whitaker, 1/10/19)
Ohio Attorneys Sue ICE Alleging Public, Humanitarian, and Bioethical Abuse
Attorneys David Malik and Anna Markovich submitted a FOIA request asking ICE for information about the people who have been deported, ICE’s policies related to racial and ethnic profiling, and ICE’s process for determining which individuals to deport. (Malik v. ICE, 1/9/19)
CA4 Upholds BIA Dismissal of Appeal from Withholding Denial for Lack of Nexus Due to Alleged Protected Ground
The court did not reach whether harm constituted persecution or petitioner was member of proposed PSG (related to disabled family member) because it affirmed no nexus; rather, evidence showed rejection of gang membership triggered harassment. (Cortez-Mendez v. Whitaker, 1/7/19)
CA5 Holds BIA’s Adverse Credibility Determination Supported by Explicitly Considered and Substantial Evidence
The court held BIA did not err in relying on inconsistencies between testimony, application, and affidavits; nor did it err in determining that corroborating documentary evidence was reiterative and failed to resolve the inconsistencies within main narrative. (Ghotra v. Whitaker, 1/4/19)
BIA Holds Texas Aggravated Assault with Deadly Weapon Not a Firearms Offense
Unpublished BIA decision holds that aggravated assault with deadly weapon under Tex. Penal Code 22.02(a) is not a firearms offense because the statute does not require use of a firearm. Special thanks to IRAC. (Matter of Gill, 1/4/19)
CA3 Holds Wire Fraud Conviction Was CIMT
The court denied in part and dismissed in part petitioner’s petitions for review, holding that per Nijhawan, her prior conviction for wire fraud constituted an offense involving fraud or deceit in which the loss to the victims exceeded $10,000 and was a CIMT. (Ku v. Att’y Gen., 1/3/19)