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
CA8 Finds Violation of Municipal Ordinance Was “Conviction”
The court found the BIA properly denied TPS for conviction of two misdemeanors, adding that it is irrelevant whether state law classifies crimes as “infractions” or “violations,” so long as punishment imposable under state law meets definition of misdemeanor. (Rubio v. Sessions, 5/25/18)
CA7 Rejects Business Owners’ Proffered Social Group
The court denied the petitions for review finding the asylum claims were properly denied and upholding IJ reasoning regarding business owners in the Ukraine. (Melnik v. Sessions, 5/25/18)
CA4 Upheld Removability of LPR Under §237(a)(2)(A)(ii) and (iii)
The court held that the petitioner’s 1995 conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a CIMT. (Guevara-Solorzano v. Sessions, 5/24/18)
Deporting Protected Immigrants Won’t Make America Great
AILA member Matthew Weisner describes the impact that ending Temporary Protected Status for Hondurans will have on those with TPS as well as the families, businesses, and communities that rely on them; he urges Congress to pass legislation to give long-term TPS holders a path to permanent residency.
CA1 Rules that BIA Erred in Failing to Analyze Past Persecution Under Childhood Standard
The court vacated the BIA’s order dismissing the petitioner’s appeal and remanded, finding that because the Ecuadorian asylum applicant was a minor at time of mistreatment, IJ and BIA should have taken a child-specific analysis. (Santos-Guaman v. Sessions, 5/23/18)
Harris, Feinstein, Colleagues Call on Sessions to Uphold Protections for LGBTQ Asylum Seekers Fleeing Persecution
On 5/23/18, U.S. Senators Kamala D. Harris (D-CA) and Dianne Feinstein (D-CA) led a group of their Senate colleagues in a letter to the Attorney General urging the DOJ to uphold Matter of A-B-, which provides protections for LGBTQ asylum seekers who are fleeing persecution.
ACLU Report on Neglect and Abuse of Unaccompanied Immigrant Children by CBP
ACLU and the University of Chicago International Human Rights Clinic issued a report based on documents from DHS’s CRCL office that alleges a series of instances of child abuse and neglect committed against unaccompanied minors held in CBP detention centers on the southern border.
CBP Response to ACLU Report on Abuses Against UACs
CBP issued a statement in response to ACLU’s report “Neglect and Abuse of Unaccompanied Immigrant Children by U.S. Customs and Border Protection,” claiming the allegations of serious child abuse and neglect against unaccompanied minors in CBP detention centers on the southern border are “unfounded.”
CA2 Holds that Petitioner With Stay of Removal Is Not Held Pursuant to INA §241
The court held that when a stay of removal has been issued by the circuit court, an immigrant is not held pursuant to INA §241 because they are not in the “removal period” contemplated by the statute until the appeal has been resolved. (Hechavarria v. Sessions, 5/16/18, amended 5/22/18)
BIA Orders Further Consideration of Continuance for Detained Respondent Seeking U Visa
Unpublished BIA decision remands for further consideration of request for continuance pending adjudication of U visa application, stating that backlog and respondent being detained are not valid reasons to deny continuance. Special thanks to IRAC. (Matter of Alvarado-Turcio, 5/22/18)
BIA Finds Wisconsin Prostitution Statute Is Categorically an Aggravated Felony
The BIA reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaged in, or agreeing or offering to engage in, sexual conduct for anything of value. Matter of Ding, 27 I&N Dec. 295 (BIA 2018)
CA7 Not Impressed with Petitioner’s Ineffective Assistance and Changed Conditions Claims
The court denied the petition for review, finding the petitioner failed to show prejudice from any attorney error or to present any new material evidence of changed country conditions. (Ramos-Braga v. Sessions, 5/21/18, amended 8/14/18)
District Court Rules Government Must Prove Flight Risk
Granting habeas petition, the district court held that constitution requires placing burden of proof on government in a INA §236(a) custody redetermination hearings. (Pensamiento v. McDonald, 5/21/18)
BIA Reopens and Terminates Proceedings Sua Sponte in Light of Second Circuit Decision
Unpublished BIA decision reopens and terminates proceedings sua sponte upon finding respondent with controlled substance convictions no longer deportable under intervening decision in Harbin v. Sessions, 860 F.3d 58 (2nd Cir. 2017). Special thanks to IRAC. (Matter of Abreu, 5/21/18)
BIA Grants Adjustment Application for Respondent with Multiple Arrests for Domestic Violence
Unpublished BIA decision reverses discretionary denial of adjustment for applicant with two arrests for domestic violence because neither resulted in conviction and he otherwise possessed significant equities. Special thanks to IRAC. (Matter of Ramirez-Ortega, 5/21/18)
Retired IJs and Former Members of the BIA Express Disappointment in AG’s Decision in Matter of Castro-Tum
On May 18, 2018, retired immigration judges (IJs) and former members of the Board of Immigration Appeals (BIA) issued a statement expressing their disappointment in the Attorney General’s decision in Matter of Castro-Tum.
AG’s Latest Move Further Erodes the Independence of Immigration Judges
The AG announced that immigration judges and members of the BIA may no longer “administratively close” cases, except cases that meet very narrow criteria, eliminating a critical docket management tool and effectively ensuring that the courts will remain encumbered with massive backlogs.
Attorney General Holds IJs and the BIA Have No General Authority for Administrative Closure
In a case he had previously referred to himself for review, the attorney general held that IJs and the BIA have no general authority for administrative closure. Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018)
ICE Has Missed Two Detention Reporting Deadlines Set by Congress in March
AILA joined other organizations calling on congressional appropriators to hold ICE accountable for violations of congressionally imposed transparency obligations in the ever-expanding immigration detention system.
TRAC Finds ICE Deportations Dropped by Almost Half Over Past Five Years
TRAC released a report on ICE deportations, updated through October 2017, finding that deportation levels have dropped by almost half since October 2012. TRAC also provided updated web tools on ICE deportation data including a breakdown on convictions and number of ICE deportations.
Attorney General Jeff Session Issues Opinion in the Matter of Castro-Tum
Attorney General Jeff Sessions issued an opinion in the Matter of Castro-Tum. DOJ issued a fact sheet with background information, key excerpts from the opinion, and additional information.
CA11 Vacates Its Sopo Decision Regarding Prolonged Detention
Upon government’s unopposed motion, court vacated its June 2016 decision as moot. (Sopo v. Att'y Gen., 5/17/18)
CA8 Rules That Violation of Minn. Third Degree Sex Abuse Statute Is Aggravated Felony
Upholding BIA’s denial of asylum, the court held the law criminalizing sex with 13- to 16-year-old by someone more than two years older qualifies as aggravated felony and was properly applied to 18-year-old who had sex with his 15-year-old girlfriend. (Garcia-Urbano v. Sessions, 5/17/18)
Fighting for My Client Before the BIA – A Preview
AILA Board of Governors member Stephen Manning shares a preview of a case he is arguing before the Board of Immigration Appeals today, writing that “The BIA can and must get this right. My client's fate, and the fate of his family, hinges on the decision.“
BIA Upholds Finding that Respondent Acquired Citizenship
Unpublished BIA decision upholds finding that respondent acquired citizenship under INA §309(a) because father acknowledged paternity before she turned 18 by listing her as his daughter in affidavit of support. (Matter of Feliz-Valles, 5/17/18)