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
Fact Sheet on DHS’s Victim Information Notification Exchange (DHS-VINE)
ICE provided a fact sheet on DHS-VINE, a web-based system that sends notifications to registrants who have been affected by crimes committed by a removable individual in ICE custody. Fact sheet lists who is eligible to register, what notifications will be received, and what is needed to register.
Fact Sheet on the Victims of Immigration Crime Engagement Office
ICE provided a fact sheet on the Victims of Immigration Crime Engagement (VOICE) Office. Victims can call a tool-free hotline and receive assistance with signing up for automatic custody status information via DHS-VINE and information on the criminal or immigration history of the perpetrator.
Immigration Law Advisor, March/April 2017 (Vol. 11, No. 3)
The March/April 2017 issue of Immigration Law Advisor includes an article on adverse credibility including evidentiary standards and requirements regarding corroboration, notice, and the right to present evidence, as well as summaries of circuit court decisions and BIA precedent decisions.
Migration Policy Institute: A Revolving Door No More? A Statistical Profile of Mexican Adults Repatriated from the United States
The Migration Policy Institute provides a report with a statistical profile of Mexican adults repatriated from the U.S. between 2005 and 2015 and explores the characteristics of deportees, their immigration histories, and information on their future migration plans and minor children left behind.
CA9 Says Extortion on the Basis of a Protected Characteristic Can Constitute Persecution
The court granted the petition for review, holding that the IJ erred in concluding that extortion could not constitute persecution because extortion, accompanied by the threat of violence, on the basis of a protected characteristic, can constitute persecution. (Ayala v. Sessions, 5/1/17)
CA3 Says BIA Should Review De Novo Whether Petitioner Established Acquiescence Under the CAT
The court held that the BIA did not apply the correct legal standard under the CAT and should have reviewed de novo the IJ’s determination that the Panamanian petitioner could not establish government acquiescence to the torture he feared. (Dutton-Myrie v. Attorney General, 4/28/17)
CA7 Affirms Denial of Asylum to Haitian Petitioner Who Claimed He Was Attacked and Threatened Because of His Political Activity
Affirming the denial, the court upheld IJ’s findings that petitioner’s testimony was vague and inconsistent and without sufficient corroboration, and that he could not show that the Haitian government was unwilling or unable to protect him if he were to return. (Silais v. Sessions, 4/28/17)
DHS Announces Launch of New Office for Victims of Undocumented Immigrant Crime
DHS announced the official launch of the U.S. Immigration and Customs Enforcement Victims of Immigration Crime Engagement Office (VOICE). The VOICE office will assist victims of crimes committed by undocumented foreign nationals. ICE built the VOICE office in response to EO 13768.
BIA Holds California Theft Statute Not a CIMT
Unpublished BIA decision holds that theft under Cal. Veh. Code 10851(a) is not a CIMT because it criminalizes joyriding and is not divisible. Special thanks to IRAC. (Matter of Arellano Aguilar, 4/28/17)
BIA Finds Domestic Assault Not a CIMT
Unpublished BIA decision holds that fifth degree domestic assault under Minn. Stat. 609.2242, subd.1(2) is not a CIMT because neither physical contact nor infliction of injury is required. Special thanks to IRAC. (Matter of Omari, 4/28/17)
BIA Finds Identity Theft Not a CIMT
Unpublished BIA decision holds that identity theft under 18 Pennsylvania Consolidated Statutes 4120(a) is not a CIMT because it does not require a specific intent to defraud or deceive. Special thanks to IRAC. (Matter of Benka Coker, 4/28/17)
BIA Finds Possession of Motor Vehicle Part Without ID Number Is Not a CIMT
Unpublished BIA decision holds that possession of a motor vehicle part without an identification number under Utah Code 4-1a-1313 is not a CIMT because it does not require the part to be stolen or used unlawfully. Special thanks to IRAC. (Matter of Romero-Ramirez, 4/28/17)
BIA Finds Sale or Transport of Controlled Substance Not an Aggravated Felony
Unpublished BIA decision holds sale or transport of controlled substance under Cal. Health & Safety Code 11352(a) not an aggravated felony because it includes mere solicitation, offer to sell, and importation from another state. Special thanks to IRAC. (Matter of Gallo, 4/28/17)
BIA Finds Residential Burglary Is Not a CIMT
Unpublished BIA decision holds that residential burglary under Cal. Penal Code 459 is not a CIMT. Special thanks to IRAC. (Matter of Delgadillo Armas, 4/27/17)
BIA Holds Grand Theft by Labor Not an Aggravated Felony
Unpublished BIA decision holds that grand theft by embezzlement under Cal. Penal Code 487 is not an aggravated felony theft offense because it criminalizes theft of labor and services and theft by false pretenses. Special thanks to IRAC. (Matter of S-D-, 4/26/17)
BIA Holds Leaving Scene of Accident Not a CIMT
Unpublished BIA decision holds that leaving the scene of an accident under Cal. Veh. Code 20001(a) is not a CIMT because it criminalizes mere failure to provide all forms of identification. Special thanks to IRAC. (Matter of Khan, 4/26/17)
BIA Finds Possession of Cocaine with Intent to Manufacture or Deliver Not an Aggravated Felony
Unpublished BIA decision holds possession of cocaine with intent to manufacture or deliver under Fla. Stat. 893.13 is not an aggravated felony because neither offense requires unlawful trading or dealing. Special thanks to IRAC. (Matter of Christie, 4/26/17)
BIA Holds Unauthorized Use of Personal Identifying Document Not a CIMT
Unpublished BIA decision holds that unauthorized use of personal identifying information of another under Cal. Penal Code 530.5(a)(5) is not a CIMT. Special thanks to IRAC. (Matter of Pangilinan, 4/26/17)
Bite-Sized Ethics: Final Orders, Enforcement Priorities, and Moving to Evade Arrest
If a client has a final order of removal and has been reporting to ICE every six months, but was recently arrested for a DUI, they may be a priority for ICE enforcement and removal. In this bite-sized ethics article, learn how to best counsel your client in this difficult situation.
District Court of Appeal Overturns Conviction Where Fake Immigration Attorney Provided Bad Advice
Florida’s Fourth District Court of Appeal reversed the summary denial of the appellant’s rule 3.850 motion that alleged her plea was involuntary based upon misadvice from a person posing as an immigration attorney, and remanded for further proceedings. (Rila v. State of Florida, 4/26/17)
CA4 Says a Virginia Statutory Burglary Does Not Constitute an Aggravated Felony
The court denied the petition for review, holding that the offense of statutory burglary in Virginia does not constitute an aggravated felony under the categorical approach for purposes of immigration law. (Castendet-Lewis v. Sessions, 4/25/17)
Leaked Document: 90-Day Progress Report to the President on EO 13767
On 1/25/17, President Trump signed Executive Order (EO) 13767 that called for a report within 90 days on the progress of the directives contained in the EO. This is a leaked draft of DHS’s 90-day progress report. On 4/12/17, the Washington Post published an article about the assessment.
AILA Summary and Analysis of the DHS Memorandum on Interior Enforcement
AILA provides a detailed summary and analysis of the February 20, 2017, DHS memorandum signed by Secretary Kelly, “Enforcement of the Immigration Laws to Serve the National Interest.” This memorandum implements President Trump's Executive Order on interior enforcement.
BIA Upholds Bond Based on Materially Changed Circumstances
Unpublished BIA decision upholds grant of bond based on materially changed circumstances where respondent attended rehabilitation meetings after DUI conviction and wife provided assurances that she would drive respondent. Special thanks to IRAC. (Matter of M-R-R-A-, 4/25/17)
BIA Finds Aggravated Child Abuse Not Sexual Abuse of a Minor
Unpublished BIA decision holds that aggravated child abuse under Fla. Stat. 827.03 is not sexual abuse of a minor because each subsection applies to conduct that is not sexual in nature. Special thanks to IRAC. (Matter of Petitdor, 4/24/17)