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
CA7 Remands, Finding BIA Erred in Disagreeing with Expert Opinion in CAT Removal Determination
The court found that the BIA did not offer any reasonable basis for disagreeing with expert opinion corroborating petitioner’s fear of torture from Los Zetas for losing hundreds of thousands of dollars of contraband, if removed to Mexico. (Rivas-Pena v. Sessions, 8/21/18)
Bivens Basics: An Introductory Guide for Immigration Attorneys
With constitutional violations by DHS officers on the rise, learn the basics of how to litigate a Bivens claim in federal court in the immigration context in this Practice Advisory from the American Immigration Council.
BIA Rescinds In Absentia Order After Hearing Notice Sent to Attorney Who Did Not Enter Appearance
Unpublished BIA decision rescinds in absentia order because the hearing notice was sent to an attorney who did not submit an entry of appearance with the immigration court. Special thanks to IRAC. (Matter of Phung, 8/21/18)
President Trump Delivers Letter to State and Local Leaders About ICE and CBP
President Trump delivered a letter to state and local leaders in the United States urging them to support and work with ICE and CBP.
AILA Submits Amicus Brief on Tenth Circuit’s Ruling on Various Forms of Relief from Removal
AILA submitted an amicus brief, filed with the Tenth Circuit, summarizing the implications of the Tenth Circuit’s ruling on removal relief.
AILA Quicktake #249: Attorney General’s Decision in Matter of L-A-B-R-
Greg Chen, AILA's Director of Government Relations, discusses the Attorney General’s decision in Matter of L-A-B-R-, which limits the discretion of the immigration judges to grant continuances.
DHS Issues Press Release About ICE’s Mission
DHS issued a press release about the mission of ICE and its various components.
BIA Holds Pennsylvania Simple Assault Not a Crime of Violence or CIMT
Unpublished BIA decision holds that simple assault under 18 Pa. Cons. Stat. §2701(a)(1) is not divisible and thus not a crime of violence or CIMT. Special thanks to IRAC. (Matter of Perez-Herrera, 8/20/18)
CA9 Denies in Part, Affirming No Equal Protection or Due Process Violations in Rejection of Citizenship Claim; Grants in Part, Remanding for Cancellat
The court held §1433 does not implicate a protected class and disparate treatment of citizen parents of adopted foreign-born children (proactive petition for citizenship) is rationally related to legitimate governmental interest; thus, no EP violation. (Dent v. Sessions, 8/17/18)
Trump Administration Further Undermines Judicial Independence
AILA responds to Attorney General Jeff Sessions’ decision in Matter of L-A-B-R-, which limits the discretion of immigration judges to grant continuances.
Retired IJs and Former Members of the BIA Issue Statement in Response to Matter of L-A-B-R-
On August 17, 2018, retired immigration judges (IJs) and former members of the BIA issued a statement in response to the Attorney General’s decision in Matter of L-A-B-R-. The statement characterizes the decision as a “blow to judicial independence.”
BIA Holds Making False Statement to Firearms Dealer Not a Firearms Offense
Unpublished BIA decision holds that making false statement to firearms dealer under 18 USC §924(a)(1)(A) is a not a firearms offense because it applies to dealers who falsify their own records. Special thanks to IRAC. (Matter of Lopez, 8/17/18)
Attorney General States IJs May Only Grant Continuances “For Good Cause Shown”
The Attorney General (AG) found that an IJ may only grant a continuance “for good cause shown” and outlined the good-cause standard. Further, the AG vacated the Board’s orders declining to entertain these appeals and remanded. Matter of L-A-B-R-, et al., 27 I&N Dec. 405 (A.G. 2018)
EOIR Announces Reduction of Hiring Times By More Than 50 Percent
EOIR announced the investiture of 23 new immigration judges, which increased the total number of immigration judges to 351. Some of the immigration judges sworn-in were hired in approximately 266 days, down from an average of 742 days just one year ago.
Lawsuit Filed on Behalf of Parents Who Waived Right of Their Children to Pursue Asylum Claims
The court held plaintiffs likely to succeed on mandamus claim for independent right to seek asylum; that parents did not knowingly waive minor’s asylum rights; and plaintiffs met irreparable injury, balance of equities, and public interest requirements for TRO. (M.M.M. v. Sessions, 8/16/18)
EOIR Swears in 23 Immigration Judges
EOIR announced the investiture of 23 immigration judges and provided biographies of these new immigration judges.
Bipartisan Senate Report on UACs Finds Agencies Haven’t Taken Sufficient Responsibility
The Senate Permanent Subcommittee on Investigations issued a report, finding that HHS and DHS have taken steps towards improving the care of UACs, but that they “still do not take sufficient responsibility for guarding their safety and ensuring they appear at their immigration court proceedings.”
CA1 Vacates BIA Denial of MTR for Failure to Consider Changed Country Conditions
The court held that the BIA abused its discretion by failing to consider petitioner’s new material evidence regarding treatment of evangelical Christians in Indonesia since 2008; it vacated the denial and remanded the case. (Sihotang v. Sessions, 8/15/18)
HHS Notice of Intent to Fund 700 Additional Beds to Keep Unaccompanied Children in Custody
HHS (Department of Health and Human Services) notice of intent to provide up to $19,011,218 of funding for 700 beds to keep unaccompanied children in custody. (83 FR 40519, 8/15/18)
CA8 Denies Jurisdiction to Review Changed Circumstances Based Claim for Late Asylum Filing
The court held that the IJ/BIA determination of lack of changed circumstances was a finding of fact, not a statutory interpretation; thus, there was no question of law to trigger its jurisdiction to review untimely asylum application. (Burka v. Sessions, 8/14/18)
CA9 Holds Bivens Damages Can Apply for Fifth Amendment Procedural Due Process Violation Arising in Immigration Context
The court held a Bivens remedy applies when ICE prosecutor forged an I-826 voluntary departure document that broke continuous presence, which precluded petitioner from receiving cancellation for which he otherwise qualified, violating his due process rights. (Lanuza v. Love, 8/14/18)
CA1 Affirms BIA Denial of MTR, Dismisses Challenge to BIA’s Sua Sponte Denial
The court affirmed that potential LPR eligibility is not an exceptional circumstance that can overcome time/number bars on MTRs, and it denied jurisdiction to review the BIA’s sua sponte denial to reopen. (Lemus v. Sessions, 8/14/18)
U.S. Senators Demand DHS Reunify All Separated Families
On 8/14/18, seventeen democratic U.S. senators led by Senator Kamala Harris (D-CA) signed a letter to DHS Secretary Kirstjen Nielsen demanding the reunification of all families separated at the southern border because of the administration’s “zero tolerance” policy.
Law Scholars Issue Letter Denouncing Quotas for Immigration Judges
On 8/14/18, over 120 immigration and administrative law scholars penned a letter to Attorney General Jeff Sessions denouncing DOJ’s plan to impose case completion quotas to measure immigration judges’ performance, as it would undermine the independence of the immigration courts.
BIA Holds Texas Online Solicitation of a Minor Not an Aggravated Felony
Unpublished BIA decision holds that online solicitation of a minor under Tex. Penal Code 33.021 is not aggravated felony sexual abuse of a minor or attempted sexual abuse of a minor because it does not require a victim under 16 years of age. Special thanks to IRAC. (Matter of Adeeko, 8/14/18)