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
BIA Holds Respondent Not Subject to Mandatory Detention for Marijuana Conviction
Unpublished BIA decision holds that respondent was not subject to mandatory detention based on marijuana conviction that would qualify for personal use exception because he was charged under section 237. Special thanks to IRAC. (Matter of Parra, 9/26/18)
CA11 Splits with CA9, Holds Cancellation Stop-Time Rule Applicable to LPR Not Seeking Admission for Purposes of §212(a)(2) Inadmissibility
The court held that the plain language of §240A does not mandate that LPR actively seek admission to be “rendered…inadmissible”; rather, conviction caused LPR to assume latent status of being inadmissible, thus tolling continuous residence. (Barton v. Att’y Gen., 9/25/18)
TRAC Issues Report on Over Two Million ICE Arrests
TRAC issued a report with the latest available data on over two million ICE arrests from October 2008 through June 2018. Since 2016, 25% of ICE apprehensions were individuals arrested at their home, place of work, or elsewhere in the wider community and the remaining 75% were "custodial" arrests.
CA9 Denies in Part, Upholds BIA Finding of Controlled Substance Removability Under MCA; Grants in Part, Remands for Consideration of Cancellation
The court held Travel Act divisible with respect to “unlawful activity”—deemed an element (not a means) and matched federal drug statute; remanded for cancellation eligibility—NTA unclear and BIA denial of seven years’ presence not backed by substantial evidence. (Myers v. Sessions, 9/25/18)
AILA and the Council File Amicus Brief on Bond Eligibility in Withholding-Only Proceedings
AILA and the American Immigration Council filed an amicus brief with the Fourth Circuit Court of Appeals in Guzman Chavez v. Hott. The brief argues that respondents in withholding-only proceedings are governed by INA §236(a), and thus eligible for a bond hearing.
CA9 Upholds BIA Controlled Substance Removability Finding and Remands to Determine Continuous Presence for Cancellation Claim
The court found that the BIA correctly determined that the Travel Act is divisible and that petitioner was removable based on his conviction for a controlled substance offense and remanded for consideration of the claim for cancellation of removal. (Myers v. Sessions, 9/25/18)
AILA Insight: Forget Me Not: EOIR’s Registration Requirement for U.S.-Originating Photo ID
AILA member Nathan Chan discusses the negative impact of EOIR’s registration requirement on certain U.S. licensed attorneys.
CBP Statement on Canada’s Legalization of Marijuana and Crossing the Border
CBP released a statement on Canada’s legalization of marijuana, stating that “working in or facilitating the proliferation of the legal marijuana industry in U.S. states where it is deemed legal or Canada may affect admissibility to the U.S.” Note: On 10/9/18 CBP issued an updated statement.
AILA Quicktake #251: Attorney General's Decision in Matter of S-O-G- & F-D-B-
AILA's Associate Director of Government Relations Kate Voigt discusses the Attorney General's decision in Matter of S-O-G- & F-D-B-, which limits the ability of immigration judges to terminate cases. Join fellow AILA members in signing a petition calling for independent immigration courts.
TRAC Finds Lawsuits Challenging Confinement of Noncitizens Increasing
TRAC found that habeas corpus filings in federal courts challenging the confinement of noncitizens continue to rise. The latest available data show that during August 2018 the government reported 174 new habeas corpus civil filings by noncitizens. This is up 27.9 percent over the previous month.
Attorney General’s Concerted Effort to Strip Immigration Judges of Judicial Independence Continues
In response to the AG's decision in Matter of S-O-G- & F-D-B-, which will prevent judges from terminating a case except in exceptionally narrow circumstances and waste the court's time and resources, AILA again called on Congress to create an independent Article I immigration court.
CRS Publishes Report on the Legal Framework of Expedited Removal of Noncitizens
The Congressional Research Service (CRS) published a report on the expedited removal of noncitizens and its legal framework.
CA9 Remands, Holds Prima Facie Case Made to Exclude Evidence and Terminate Removal Proceedings Due to Egregious Violation of 8 CFR 287.8(b)(2)
The court found I-213 excludable because Coast Guard racially profiled and detained petitioner with no reasonable suspicion; confirmed prima facie case for termination without prejudice because violation predated any hearing, rendering new hearing insufficient. (Sanchez v. Sessions, 9/19/18)
CA9 Orders En Banc Rehearing of C.J.L.G. v. Sessions
The court ordered that C.J.L.G. v. Sessions, in which the three-judge panel found no categorical right to court-appointed counsel at government expense for minors in immigration proceedings, be reheard en banc. (C.J.L.G. v. Sessions, 9/19/18)
BIA Finds Returning LPR Was Not Seeking Admission Based on Pre-IIRIRA Conviction
Unpublished BIA decision holds that returning LPR was improperly regarded as applicant for admission based on pre-IIRIRA conviction and remands to consider whether trip abroad was innocent, casual, and brief. Special thanks to IRAC. (Matter of Suero, 9/19/18)
AG Refers Case to Himself Relating to Authority to Hold Bond Hearings
The Attorney General referred a BIA decision to himself for review of issues relating to the authority to hold bond hearings for certain individuals screened for expedited removal proceedings. Amicus briefs are due by 10/16/18. Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)
AG Issues Decisions in Accordance with Matter of Castro Tum
Consistent with Matter of Castro-Tum on dismissal or termination of removal proceedings, the Attorney General issued decisions in two related cases. Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)
GAO Statement on Progress and Challenges in the Management of Immigration Courts and Alternatives to Detention Program
The GAO issued a statement before the Senate Homeland Security and Governmental Affairs Committee, addressing EOIR’s caseload and participation in and the cost of the ATD program and the extent to which ICE has measured the performance of the ATD program.
An Attorney’s Ethical and Legal Obligations to Pereira-Affected Clients
Identify the ethical obligations counsel must consider when advising clients in relation to Pereira. By following ethical parameters, attorneys and clients can properly arrive at the best strategic decision for that client’s case and take the action that the informed client decides is best.
HHS Notice of Intent to Fund 3,800 Additional Beds to Keep Unaccompanied Children in Custody
HHS (Department of Health and Human Services) notice of intent to provide up to $367,860,381 of funding for 3,800 beds to keep unaccompanied children in custody. (83 FR 47176, 9/18/18)
BIA Holds Colorado Theft Statute Not an Aggravated Felony
Unpublished BIA decision holds that theft under Colo. Rev. Stat. 18-4-401(1) is not an aggravated felony because it applies to the acquisition of property with consent that was obtained through deception. Special thanks to IRAC. (Matter of Garay-Gomez, 9/18/18)
CA6 Holds Petitioner Failed to Prove Lozada Claims and Rejects Argument that Ineffective Assistance Implicates Due Process
The court held it had no jurisdiction to review sham marriage determination; BIA was correct that Lozada challenge failed; and refused to link ineffective assistance to 5th Amendment due process violation. (Al-Saka v. Sessions, 9/18/18)
ICE Issues Statement to Senate Committee on Flores Settlement
ICE Executive Associate Director Matthew T. Albence issued a statement to the Senate Homeland Security and Governmental Affairs Committee on reinterpretation of Flores settlement and its impact on family separation and “catch and release.”
AILA and Council Issue Statement to Senate HSGAC Committee on Flores Settlement Agreement
AILA and American Immigration Council statement submitted to the Senate Committee on Homeland Security and Governmental Affairs (HSGAC) addressing recently proposed regulations that would undermine the 1997 Flores Settlement Agreement.
Sign-On Letter Opposing Legislation That Would Expand Family Detention
On 9/14/18, AILA joined national and state/local organizations to urge the Senate Homeland Security and Governmental Affairs Committee to reject any legislation that would expand the scale and length of immigrant family detention.