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 Upholds BIA Denial of Untimely and Number-Barred MTRs, Agrees Lozada Requirements Not Met
The court concluded BIA did not abuse discretion in holding that petitioner failed to prove ineffective assistance of counsel of any of his three prior attorneys; thus, his motions did not meet the “exceptional circumstance” standard to merit equitable tolling. (Sembhi v. Sessions, 7/31/18)
CA8 Affirms IJ/BIA Applied Correct Legal Standard to Protected Ground Analysis for Asylum Denial
The court held that IJ/BIA correctly considered whether applicant’s social group (son of police officer) or political opinion was “one central reason” for harm, despite adverse conclusion that they were merely incidental to gang recruitment efforts. (Gomez-Rivera v. Sessions, 7/31/18)
BIA Remands to IJ to Consider Continuance Request by Respondent with Pending U Visa Petition
Unpublished BIA decision vacates denial of continuance where IJ did not make preliminary determination whether respondent was prima facie eligible for U visa. Special thanks to IRAC. (Matter of Gomez-Alfaro, 7/31/18)
EOIR to Open Immigration Court in Jena, LA
EOIR announced that it will open an immigration court at the LaSalle ICE Processing Center in Jena, LA, on July 30, 2018. Notice includes contact information and hours of operation.
Senators Request Hearing on Criteria for Deeming Separated Families “Ineligible for Reunification”
On 7/30/18, Senators Patty Murray (D-WA), Dianne Feinstein (D-CA), and Ron Wyden (D-OR) sent HHS a letter to express concern regarding the procedures and standards HHS is employing to make reunification eligibility decisions and request a briefing focused on this concern.
Retired IJs and Former Members of the BIA Statement in Response to Latest Attack on Judicial Independence
On 7/30/18, retired IJs and former members of the BIA issued a statement in response to EOIR’s actions on July 26, 2018. EOIR had removed a sitting IJ from the case of Castro-Tum and replaced the IJ with an ACIJ without explanation. The ACIJ ordered Mr. Castro-Tum removed in absentia.
BIA Holds Criminal Judgment Entered In Absentia Not a Conviction for Immigration Purposes
Unpublished BIA decision holds that an administratively entered judgment of guilt due to the respondent’s failure to appear in court does not qualify as a conviction for immigration purposes. Special thanks to IRAC. (Matter of Davies, 7/30/18)
BIA Rescinds In Absentia Order Against Respondent Who Presented Herself to ICE
Unpublished BIA decision rescinds in absentia order where respondent willingly presented herself to ICE before and after being ordered removed and exercised due diligence in retaining counsel and seeking to reopen proceedings. Special thanks to IRAC. (Matter of Esteban-Manuel, 7/30/18)
CA9 Remands for Application of Presumption of Future Persecution on Account of Religion
The court held IJ/BIA erred in concluding harm was one incident that did not rise to past persecution; rather, government condition of release preventing petitioner from practicing his religion was ongoing harm that compelled a finding of past persecution. (Guo v. Sessions, 7/30/18)
AILA Philadelphia Attorneys Condemn Administration's Assault on Immigrants and Due Process
The AILA Philadelphia Chapter issued a statement condemning EOIR’s removal of a sitting immigration judge (IJ) from the case of Castro-Tum, replacing the IJ with an Assistant Chief Immigration Judge (ACIJ) without explanation. The ACIJ ordered Mr. Castro-Tum removed in absentia.
CA6 Remands, Holds BIA Erred on Multiple Counts in Overturning IJ’s Grants of Asylum and §237(a)(1)(H) Waiver
The court held that the BIA’s asylum denial went against its own precedent and was an abuse of discretion because it unreasonably weighed one negative factor of visa misrepresentation against the IJ’s finding of many positive factors. (Hussam F. v. Sessions, 7/27/18)
Immigrant Connection Project To Help Reconnect Parents and Children
The Immigrant Connection Project, a partnership between the Vera Institute of Justice and New America, is a resource for parents who have been separated from their children—as well as for the attorneys for these parents.
CA7 Affirms Conviction Was CIMT and Was Not Vacated for Reasons Other than Immigration Relief
The court held BIA did not abuse its discretion in denying MTR because petitioner failed to prove that vacatur of conviction was for a substantive or procedural defect; it also upheld finding that conviction with term of “not more than one year” met CIMT standard. (Singh v. Sessions, 7/26/18)
CA8 Holds IJ Appropriately Considered and Rejected Petitioner’s Entrapment-by-Estoppel Defense to Adjustment Denial
The court upheld IJ decision that noncitizen violated federal election laws because, although state erred by sending her a voter registration card, she signed a roster certifying U.S. citizenship; thus, she was inadmissible and precluded from VAWA adjustment. (Chernosky v. Sessions, 7/26/18)
H.R. 6594: REUNITE Act
On 7/26/18, Representatives Adriano Espaillat (D-NY), Luis Gutiérrez (D-IL), Suzanne Bonamici (D-OR), and Pramila Jayapal (D-WA) introduced the Reunite Every Unaccompanied Newborn Infant Toddler and Other Children Expeditiously (REUNITE) Act to reunite families separated at or near ports of entry.
EOIR Notice of Request for Comments on Proposed Revisions to Form EOIR-28
EOIR notice of request for comments on proposed revisions to Form EOIR-28, Notice of Entry of Appearance at Attorney or Representative Before the Immigration Court. Comments are due by 9/24/18. (83 FR 35498, 7/26/18)
Attorney General Jeff Sessions Delivers Remarks Announcing Arrests from Operation “Double Trouble”
Attorney General Jeff Sessions delivered remarks on Operation “Double Trouble,” allegedly focused on crimes committed predominately by undocumented immigrants in Massachusetts, including Medicaid billing fraud. 28 people were charged, with 22 individuals in the country illegally.
After Matter of A-B- and USCIS Guidance, Don’t Forget to Argue for CAT Protection
AILA’s Asylum and Refugee Committee provides this practice pointer featuring tips, resources, and feedback opportunities for practitioners representing asylum seekers with cases potentially impacted by the Attorney General’s opinion in Matter of A-B- along with USCIS’s implementing guidance.
AILA: U.S. Must Reunify Families, Stay Their Removal, and Provide for the Return of 400+ Parents Deported Without Their Children
AILA calls for an immediate stay of the removal and release from custody of all of the victims of this family separation strategy so the families are afforded the chance to be represented by an attorney and to file claims for relief if they are eligible.
Supporting And Funding Immigration Services Is Particularly Vital Now
Jennifer Burk, an AILA member from the Northern California Chapter, shares highlights from the recent pro bono clinic at Annual Conference and urges AILA members to get involved and leverage their expertise to help change lives.
E.D. Wash. Grants Motion to Dismiss, Holds IJ Deportation Decision Void for Lack of Proper Notice Due to Deficient NTA
The court found that despite a timely delivery to hearing due to being in custody, defendant was deprived of proper notice because NTA failed to state time and date of hearing; IJ, thus, had no jurisdiction to enter deportation order. (U.S. v. Virgen-Ponce, 7/26/18)
BIA Holds Period of Continuous Residence Did Not Restart After Travel Abroad
Unpublished BIA decision holds that IJ mistakenly believed period of continuous residence under INA §240A(a)(2) restarted each time respondent left and reentered the country. Special thanks to IRAC. (Matter of Castaneda, 7/26/18)
BIA Finds Utah Statute Not a Forgery-Related Aggravated Felony
Unpublished BIA decision holds that Utah Code Ann. 76-6-502 is not an aggravated felony relating to forgery because it prohibits individuals from signing their own name in an unauthorized capacity. Special thanks to IRAC. (Matter of Cedano-Carrillo, 7/26/18)
H.R. 6527: FAIR Proceedings Act
On 7/25/18, Representatives McEachin (D-VA) and Lofgren (D-CA) introduced the Funding Attorneys for Indigent Removal (FAIR) Proceedings Act, which would guarantee legal counsel during removal proceedings for vulnerable immigrants, including children and individuals with disabilities.
CA2 Finds Petitioners Made Prima Facie Showing of Egregious Constitutional Violation
The court remanded to BIA for suppression hearing, holding that petitioners raised fair questions about the existence and scope of a search warrant; whether race was a factor in search; and if there was coercion during interrogation. (Zuniga-Perez and Hernandez-Ocampo v. Sessions, 7/25/18)