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
District Court Stops ICE from Re-detaining Certain Cambodian Nationals Without at Least 14 Days’ Notice
The court found the government failed to provide assurances for reasonable pre-detention notice, and that it failed to oppose the TRO application; the court issued the TRO and ordered the government show cause why a preliminary injunction should not issue. (Chhoeun v. Marin, 1/3/19)
CA7 Upholds BIA/IJ Denial of Cancellation, Holds Offense Under Wisconsin Battery Statute Is Crime of Violence
The court denied petitioner’s petition for review and rejected that Wisconsin’s battery statute was categorically not a crime of violence. (Beltran-Aguilar v. Whitaker, 1/2/19)
The Courthouse Trap: How ICE Operations Impacted New York’s Courts in 2018
The Immigrant Defense Project issued a report highlighting trends in ICE courthouse enforcement and provides a selection of stories of individual New Yorkers who have been arrested while attending court.
CA4 Holds Fraud Determination Supported by Substantial Evidence
In an unpublished decision, the court held BIA did not err in relying on sentencing-related material and found substantial evidence confirmed an offense of fraud. It also distinguished Pereira to confirm BIA jurisdiction. (Calderon Leonard v. Whitaker, 12/31/18)
CA8 Found Lack of Past Persecution or Well-Founded Fear of Future Persecution for English-Speaking Cameroonian
The court held harm perpetrated by Cameroonian gendarmerie did not meet past persecution; that petitioner failed to satisfy the objective element for fear of future persecution; and that failure to meet asylum eligibility foreclosed withholding and CAT. (Njong v. Whitaker, 12/28/18)
BIA Holds Connecticut Drug Statute Not a Controlled Substance Offense
Unpublished BIA decision holds that possession of a narcotic substance under Conn. Gen. Stat. 21a-279(a) is not a controlled substance offense because state drug schedule contains substances not listed on federal schedule. Special thanks to IRAC. (Matter of Ross, 12/28/18)
BIA Holds California Carjacking Not an Aggravated Felony
Unpublished BIA decision holds carjacking under Cal. Pen. Code 215(a) is not an aggravated felony theft offense because the taking can be committed against a passenger or other person temporarily in possession of the vehicle. Special thanks to IRAC. (Matter of Ibarra Juarez, 12/28/18
CA9 Panel Issued Amended Decision on “Crime of Domestic Violence” Conviction
The court issued an amended decision, where the panel concluded that a class one misdemeanor domestic violence assault under Arizona Revised Statutes §§ 13-1203 and 13-3601 conviction was a “crime of domestic violence” under 8 USC §1227(a)(2)(E). (Cornejo-Villagrana v. Whitaker, 12/27/18)
BIA Provides Update on Operating Status During Government Shutdown
The BIA announced it is processing emergency stay requests as well as cases where the individual is detained, including appeals, motions, and federal court remands. The Clerk’s Office is open for phone inquiries about detained cases only and the BIA stay line is open for emergency stay calls only.
EOIR Releases Immigration Court Operating Status During Lapse in Appropriations
EOIR released information on immigration court operating status during a lapse in appropriations, stating that the detained docket cases will proceed as scheduled. Non-detained docket cases will be reset.
BIA Reverses Finding That Respondent Abandoned Cancellation Application
Unpublished BIA decision reverses finding that cancellation application was abandoned where respondent mailed application to USCIS by court-ordered deadline and requested initiation of proceedings to obtain lawful status. Special thanks to IRAC. (Matter of Castillo Rodriguez, 12/26/18)
EOIR Announcement of Closing on December 24, 2018
EOIR announced that it would be closed on 12/24/18 in accordance with Executive Order 13854. Immigration court hearings scheduled for 12/24/18 will be rescheduled and new hearing notices will be sent to both parties.
EOIR Releases Memo on Acceptance of Notices to Appear and Use of the Interactive Scheduling System
EOIR released a memo to establish standards for receipt of Notices to Appear as filed by DHS. Memo is effective as of 12/21/18. Memo notes that EOIR will reject any NTA in which the time or date of the scheduled hearing is facially incorrect.
BIA Dismisses Appeal and Finds Respondents Inadmissible Due To Willful Misrepresentation of a Material Fact
The BIA dismissed the appeal and found no clear error in the IJ’s adverse credibility finding or his determination that the respondents procured their adjustment of status by willful misrepresentation of a material fact. Matter of A.J. Valdez and Z. Valdez, 27 I&N Dec. 496 (BIA 2018)
Trump Administration Sows Chaos, Risks Lives with “Remain in Mexico” Policy
AILA responds to the government’s new policy that would force most asylum seekers who have passed a preliminary screening to remain in Mexico pending a full hearing before an immigration judge, and calls on them to immediately restore asylum seekers’ ability to pursue their claims inside the U.S.
Judge Finds Attorney General’s Gutting of Asylum Protections Unlawful
AILA President Anastasia Tonello and Executive Director Benjamin Johnson responded to today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A-B-, which restricted asylum for victims of domestic and gang violence.
CA5 Holds that Pro Se Attorney Cannot Recover Fees Under FOIA
The court held that pro se attorneys were ineligible for fee awards under FOIA by relying on Supreme Court instructions and finding that Kay v. Ehrler (no pro se recovery under §1988) was analogous to FOIA. (Gahagan v. USCIS, 12/20/18)
Documents Relating to Michigan Case Challenging Removal of Iraqi Nationals
The Sixth Circuit issued an opinion vacating the district court’s preliminary injunctions prohibiting the removal of certain Iraqi nationals and requiring their release from prolonged detention. (Hamama v. Adducci, 12/20/18)
EOIR Releases Memo Establishing Interim Policy and Procedures for Compliance with Court Order in Grace v. Whitaker
EOIR released guidance on Grace v. Whitaker, stating that for all credible fear review hearings conducted on or after 12/19/18, IJs may not rely on several aspects of Matter of A-B- as a basis for affirming a negative credible fear determination. Guidance obtained from CGRS and ACLU.
USCIS Released Updated Guidance in Light of Court Order in Grace v. Whitaker
USCIS released an email and redacted USCIS policy memo on Matter of A-B-, outlining the provisions enjoined by the court order in Grace v. Whitaker. Guidance obtained from CGRS and ACLU.
CA6 Upholds Determination that Asylee Who Copied and Distributed Flyers Provided Material Support to Terrorist Organizations
The court affirmed USCIS adjustment denial and its finding that MeK and Fek between 1979 and 1981 were Iranian terrorist organizations and that copying and distributing flyers was material in that it was both “relevant” and “significant” to terrorism. (Hosseini v. Nielsen, 12/19/18)
CA9 Denied Petition for Review After Applying Leal I and Leal II Standard and Finding Petitioner Removable For Two CIMTs
The court held the BIA did not commit any of the raised legal errors related to In re: Leal and Leal v. Holder by concluding that the petitioner’s conviction for reckless engagement was a crime involving moral turpitude. (Olivas-Motta v. Whitaker, 12/19/18)
Retired IJs and Former Members of the BIA Issue Statement in Response Grace v. Whitaker
On December 19, 2018, retired IJs and former members of the BIA issued a statement in response to Judge Emmet Sullivan’s district court decision which imposed a permanent injunction on DHS from applying policies articulated in Matter of A-B- in its credible fear determinations.
EOIR Releases Memo on Identifying and Reporting Fraud and Abuse
EOIR released guidance regarding the reporting of suspected instances of fraud in EOIR proceedings. Guidance is effective as of 12/19/18.
ICE Announces Removal of 36 Cambodian Nationals
ICE announced the removal of 36 Cambodian nationals, stating that removals to Cambodia increased 279% from FY2017 to FY2018. Further, the notice states that there are 1,900 Cambodian nationals with final orders of removal.