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 BIA Denial of MTR for Original Removal Now Amenable to Cancellation, Based on §241(a)(5)
The court held that although petitioner’s original removal grounds no longer trigger removability, and he could have challenged it from abroad, his unlawful reentry and its consequent application of §241(a)(5) deprive BIA authority to reopen. (Rodriguez-Saragosa v. Sessions, 9/14/18)
CA9 Grants in Part, Remanding Reasonable Fear Review MTR for Sua Sponte Consideration; Denies in Part, Affirming IJ/AO Negative Reasonable Fear Determ
The court held substantial evidence did not compel a conclusion that IJ erred by not specifically addressing all evidence in reasonable fear review, which are statutorily abbreviated, yet IJ abused his discretion by denying jurisdiction to reopen proceedings. (Bartolome v. Sessions, 9/14/18)
BIA Finds Texas Unlawful Restraint Not a CIMT
Unpublished BIA decision holds that attempted unlawful restraint under Tex. Penal Code § 20.02(c)(1) not a CIMT because persons could be convicted for seeking to assume lawful control of their own child with the acquiescence of the victim. Special thanks to IRAC. (Matter of S-K-, 9/14/18)
Congressional Letter Requesting Information Regarding Initiative to Recalendar Administratively Closed Cases
A 9/13/18 letter from Senator Cortez Masto and others expressing concerns about ICE plans to recalendar potentially hundreds of thousands of administratively closed cases following the Attorney General’s decision in Matter of Castro-Tum, and requesting information on the initiative.
BIA Finds Non-Aggravated Felony Drug Offense Not a Presumptive Particularly Serious Crime
Unpublished BIA decision holds that possession with intent to distribute marijuana under Md. Code Ann., Crim. Law 5-602 is not a presumptive particularly serious crime because it is not an aggravated felony. Special thanks to IRAC. (Matter of J-F-B-, 9/13/18)
ABA Issues Statement Regarding Immigration Lawyers and Judges
In response to a speech by Attorney General Sessions, ABA President Bob Carlson issued a statement in support of immigration lawyers and judges, stating that the ABA strongly supports the independence of immigration judges and immigration courts and applauds the work of immigration lawyers.
BIA Dismisses Respondent’s Appeal and Defines “Obstruction of Justice”
The BIA found that the respondent’s conviction for accessory to a felony is categorically an aggravated felony offense relating to obstruction of justice that renders him removable under INA §237(a)(2)(A)(iii). Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018)
AILA Quicktake #250: Proposed Changes to Flores Settlement Agreement
AILA's Associate Director of Government Relations Kate Voigt discusses the proposed changes to the Flores Settlement Agreement and their possible impact on the detention of immigrant children.
BIA Equitably Tolls MTR Deadline Due to Intervening Circuit Precedent
Unpublished BIA decision finds respondent exercised diligence in seeking reopening where motion to reopen was filed one month after he learned of intervening circuit court decision that was nine months before. Special thanks to IRAC. (Matter of Gonzalez Hernandez, 9/11/18)
CA9 Reverses BIA Controlled Substance Removability Determination, Holds Nevada Conspiracy and Drug Statutes Overbroad and Indivisible
The court held conspiracy statute lacks “overt act,” does not categorically match generic definition, and is indivisible per CA9 precedent; drug statute overbroad and indivisible—CA9 found alternatives of violation are means, not elements. (Villavicencio v. Sessions, 9/11/18)
DOJ Issues Policy Memorandum Amending Directive on Use and Monitoring of DOJ Computers and Computer Systems
DOJ issued Policy memorandum #2018-02, which cancels certain sections of the 11/30/10 DOJ Order 2740.1A, Use and Monitoring of DOJ Computers and Computer Systems, and substitutes them with new language that is now the mandated policy under DOJ Order 2740.1A.
AG Sessions’ Remarks Emphasize Need for Independent Immigration Courts
AILA responds to remarks delivered by Attorney General Jeff Sessions to a group of 44 new immigration judges.
Attorney General Delivers Remarks to New Class of Immigration Judges
Attorney General Jeff Sessions delivered remarks to an incoming class of 44 immigration judges in Falls Church, Virginia. In his remarks he accused “good lawyers” of using their talents and skills “to get around the plain words of the INA,” and spoke about asylum, the border, and other topics.
DHS/HHS Notice of Proposed Rulemaking on Flores Settlement Agreement
DHS/HHS notice of proposed rulemaking to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles and would terminate the Flores Settlement Agreement. Comments are due by 11/6/18. (83 FR 45486, 9/7/18)
The Council Provides Practice Advisory on Motions for a Continuance
The American Immigration Council provided a practice advisory with an overview of motions to continue a case in removal proceedings, from the basics of making a continuance motion to jurisdictional bars to appellate review of continuances, as well as strategies in light of Matter of L-A-B-R-.
AILA, Others File Amicus Brief Arguing Term “Crime Involving Moral Turpitude” Unconstitutionally Vague
AILA, along with several other organizations, filed an amicus brief with the Ninth Circuit Court of Appeals in Martinez-De Ryan v. Sessions arguing that the term “crime involving moral turpitude” is unconstitutionally vague.
Trump Administration Lines Up End Run Around Protections for Detained Children
The Trump administration announced plans to release proposed changes to regulations that are intended to terminate the Flores Settlement Agreement, a decades-old court settlement put in place to ensure the safety and proper care of children in immigration detention.
CA1 Dismisses, Finds Petitioner Failed to Present Any Colorable §240A or Due Process Arguments to Trigger Jurisdiction
The court held IJ’s assessment on qualifying relative’s health was fact-finding, not legal question to trigger jurisdiction. CA1 also found discretionary relief not protected by due process; thus, no jurisdiction to review use of police report in §240A decision. (Rivera v. Sessions, 9/6/18)
CA3 Denies Petition, Holds §237(a)(1)(H) Fraud Waiver Does Not Reach §237(a)(2) CIMT Conviction for Making False Statements
The court held §237(a)(1)(H)’s text and structure limit its application to only §237(a)(1) grounds of inadmissibility, like fraud and other grounds resulting from that underlying fraud; cannot reach deportability grounds like a §237(a)(2) CIMT. (Tima v. Att’y Gen., 9/6/18)
EOIR Issues Analysis of Its Legal Orientation Program
EOIR conducted an analysis comparing multiple key performance metrics between respondents who participated in its general Legal Orientation Program (LOP) and those who did not. The Vera Institute of Justice released a statement that there are "insurmountable methodological flaws" in EOIR's review.
Sign-On Letter on Reduction of Detention and Enforcement Funds in FY2019 Continuing Resolution
On 9/5/18, AILA joined national, state, and local immigrant rights organizations on calling on congressional leadership and appropriators to reduce ICE’s funds for immigration detention and enforcement due to DHS’s overspending and poor conditions inside ICE’s jails.
BIA Terminates Removal Proceedings Against Respondent Convicted of Possession of Drug Paraphernalia
Unpublished BIA decision grants joint motion to terminate removal proceedings reflecting agreement that possession of drug paraphernalia under 35 Penn. Stat. §780-113(a)(32) falls under exception for personal use of marijuana. Special thanks to IRAC. (Matter of Cumorovic, 9/5/18)
EOIR Releases Updated Uniform Docketing System Manual
EOIR issued an updated Uniform Docketing System Manual covering the case processing system that governs the management of all cases in the immigration court. Operational procedures are amended or created through OPPM issued by the Chief Immigration Judge.
BIA Distinguishes Pereira and Dismisses Respondent’s Appeal
The BIA found that a notice to appear without specific time/place of initial removal hearing still vests an IJ with jurisdiction over the removal and meets INA requirements, so long as a notice of hearing with this information is later sent. Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018)
Judge Denies Preliminary Injunction, Preserving DACA For Now
On June 18, 2020, following the SCOTUS decision, Judge Hanen issued an order staying the case for 30 days, and that "at that time, the parties are to file a joint status report setting out their respective positions given that ruling and an agreed schedule to resolve this matter.”