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 Petitioner’s Minnesota Misdemeanor Domestic Assault Conviction to Be a Crime of Domestic Violence
The court denied the petition for review, finding that the petitioner’s Minnesota misdemeanor domestic assault conviction was a crime of domestic violence under INA §237(a)(2)(E)(i) that rendered him ineligible for cancellation of removal. (Onduso v. Sessions, 12/20/17)
BIA Holds California Statute Is Not a Crime of Child Abuse
Unpublished BIA decision holds that Cal. Penal Code 273a(b) is not a crime of child abuse because it only requires placing a child in a situation where he or she may be endangered and that the statute is not divisible. Special thanks to IRAC. (Matter of E-G-R-, 12/20/17)
BIA Rescinds In Absentia Order Against Respondent Who Provided Updated Address to ICE
Unpublished BIA decision rescinds in absentia order in light of the respondent’s undisputed assertion that she provided updated address to DHS officer before the NTA was mailed to her prior address. Special thanks to IRAC. (Matter of Ramirez-Javier, 12/20/17)
BIA Reopens Proceedings Sua Sponte Because Waiver of Counsel Was Not Effective
Unpublished BIA decision reopens proceedings sua sponte where respondent did not affirmatively state that she was waiving her right to counsel and IJ did not inquire at subsequent hearings whether she wished to seek counsel. Special thanks to IRAC. (Matter of Alcaraz-Barajas, 12/20/17)
CA8 Upholds Denial of Asylum to Ethiopian Petitioner
The court upheld the BIA’s denial of asylum to an Ethiopian petitioner who spoke out against a government massacre, finding that the facts did not compel a finding of past persecution based on political opinion or a well-founded fear of future persecution. (Baltti v. Sessions, 12/19/17)
CA1 Dismisses Petitions for Review of Denial of Voluntary Departure for Lack of Jurisdiction
The court dismissed the petitions for review of denial of voluntary departure to both members of a married couple, finding that the court lacked jurisdiction to review the immigration judge’s discretionary decision to deny voluntary departure. (De la Cruz Orellana v. Sessions, 12/18/17)
CRS Legal Sidebar: The Application of the “One Central Reason” Standard in Asylum and Withholding of Removal Cases
The Congressional Research Service (CRS) issued a Legal Sidebar on the “one central reason” standard and how it is applied in practice, including a discussion of Barajas-Romero v. Lynch, which created a split among federal circuit courts regarding the extent and application of this standard.
CA9 Vacates Denial of Chinese Petitioner’s Asylum Application
Where the petitioner had been persecuted by Chinese authorities after opposing eminent domain, the court vacated the BIA’s denial of his asylum application, finding that the persecution was on account of an imputed political opinion. (Song v. Sessions, 12/18/17, amended 2/15/18)
BIA Holds Colorado Assault Statute Is Not a CIMT
Unpublished BIA decision holds that assault-attempted battery under Aurora (Colo.) Municipal Code Ch. 94, Art. II, Sec. 94-37 is not a CIMT because it contains no aggravating element distinguishing it from traditional assault and battery. Special thanks to IRAC. (Matter of P-M-L-, 12/18/17)
BIA Reverses Dangerousness Finding Based on Reckless Driving Arrest
Unpublished BIA decision reverses IJ bond determination that respondent was a danger to the community based on an arrest for reckless driving for which authorities declined to pursue charges. Special thanks to IRAC. (Matter of J-O-N-G-, 12/16/17)
CA8 Finds Petitioner Ineligible for Cancellation of Removal Due to Minnesota Misdemeanor Domestic Assault Conviction
The court denied the petitions for review, finding that the petitioner was ineligible for cancellation of removal because his Minnesota misdemeanor domestic assault conviction was a crime of domestic violence under INA §237(a)(2)(E). (Ramirez-Barajas v. Sessions, 12/15/17)
CA11 Affirms Dismissal of Claims by Professor Denied Access to Atlanta Immigration Court Hearings
The court affirmed the district court’s dismissal of the claims of a professor that her constitutional rights were violated when she was denied access to hearings at the Atlanta Immigration Court. (Stevens v. Attorney General, 12/15/17)
Fearless Lawyering: Motions Practice in Immigration Court
Listen to this recording from the 2017 New York Chapter Symposium on motions practice in immigration court. Motions are an essential part of a fearless and vigorous litigation strategy. Panelists discussed a wide range of strategic motions and how you can deploy them to your client’s advantage.
Combatting a War on the Christmas Spirit
The holidays are here, which supposedly make up the most wonderful time of the year. This year, the president has thrown in with Christmas in a big way, claiming that he has brought Christmas back and it's “bigger and better than ever.“ I'm not sure it was missing necessarily, but an emphasis
ICE Ends Presumption of Release for All Pregnant Detainees
ICE released ICE Directive 11032.3, stating that ICE has ended the presumption of release for all pregnant detainees. Instead, as with all detainees, absent the requirements of mandatory detention, ICE will complete a case-by-case custody determination taking any special factors into account.
BIA Holds LPR Did Not Acquire New Date of Admission After Traveling Abroad
Unpublished BIA decision holds that LPR did not acquire new “date of admission” when she reentered the country because she was not regarded as an application for admission under INA 101(a)(13)(C). Special thanks to IRAC. (Matter of Gustke, 12/14/17)
CA5 Finds Petitioner Did Not Provide New Evidence to Justify Motion to Reopen
The court denied the petition for review of the BIA’s denial of the petitioner’s motion to reopen his 1991 deportation order, holding that he had not provided any material, previously unavailable evidence to justify granting a motion to reopen. (Mendias-Mendoza v. Sessions, 12/12/17)
Law Student Perspective: Changing the Narrative - A Lesson I Learned from a Congressman
AILA Law Student Member Homero Gonzalez discusses his meeting with a U.S. representative and how it reframed his thoughts on immigration.
AILA Quicktake #226: What's Next on Dream
AILA Director of Government Relations Greg Chen discusses what's on Congress' plate as they look to fund the government by December 22 and how AILA members can get involved to get the Dream Act passed.
AILA Provides Comments on Proposed Revisions to Form I-765
AILA comments submitted on 12/12/17 in response to USCIS’s 60-day notice and request for comments on proposed revisions to the Application for Employment Authorization, Form I-765, published in the Federal Register on 10/13/17.
DHS OIG Expresses Concerns about ICE Detainee Treatment and Care at Detention Facilities
DHS OIG issued a report after inspecting five detention facilities and expressed concerns about ICE detainee treatment and care at these facilities.
Civil and Human Rights Organizations File Joint Complaint With DHS on Behalf of Families Forcibly Separated in CBP Custody
A complaint to DHS on behalf of family members who have been forcibly separated while in custody at the southern border of the United States was filed by the Immigration Justice Campaign, Women’s Refugee Commission, Kids In Need of Defense, and other partners.
Joint Complaint Filed With DHS on Behalf of Families Forcibly Separated in CBP Custody
AILA joined civil and human rights organizations in filing a complaint to DHS on behalf of family members who have been forcibly separated while in custody at the southern border of the United States.
BIA Reopens Proceedings for DACA Recipient to Adjust Status
Unpublished BIA decision reopens proceedings for DACA recipient seeking to adjust status, noting that he was a minor when his parents’ asylum application was denied and was now the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Wu, 12/11/17)
AILA: Congress Must Pass Dream Legislation Before the Holidays
AILA urged Congress and the President to pass the Dream Act before the December holidays. Failing to act will hurt Dreamers, their families, and the businesses and communities that depend on them.