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
BIA Grants Joint Motion to Reopen to Pursue Provisional Waiver
Unpublished BIA decision grants joint motion to reopen and administratively close proceedings to let respondent pursue provisional unlawful presence waiver (Form I-601A). Special thanks to IRAC. (Matter of Sapon-Ordonez, 10/24/16)
CA1 Upholds Denial of Colombian Petitioner’s Untimely Motion to Reopen
The court upheld the BIA’s denial of the Colombian petitioner’s untimely motion to reopen her removal proceedings, finding that the petitioner had failed to establish an exception to the time limitations on motions to reopen. (Giraldo-Pabon v. Lynch, 10/21/16)
CA11 Says Theft by Taking in Georgia Is Not an Aggravated Felony
The court held that petitioner’s conviction for theft by taking in violation of Georgia law was not an aggravated felony theft offense under the INA, because the offense does not contain the without consent element required for the generic definition of theft. (Vassell v. Att'y Gen., 6/13/16)
CA6 Upholds Denial of Asylum to Citizen of Zimbabwe Based on Adverse Credibility Determination
The court upheld the BIA’s denial of asylum to petitioner, a citizen of Zimbabwe, finding that important factual inconsistencies between the petitioner’s asylum application and her testimony supported an adverse credibility determination. (Marikasi v. Lynch, 10/20/16)
AILA’s Hostile Jurisdictions Working Group Issues Its Recommendation
AILA’s Hostile Jurisdictions Working Group issued a video to accompany its recommendations for a STOPLIGHT tool to measure the health of immigration adjudication ecosystems.
CA5 Upholds Denial of Indian Petitioner’s Untimely Motion to Reopen
The court upheld the BIA’s denial of the petitioner’s untimely motion to reopen, finding that DOS’s 2012 Country Report for India did not describe a change in country conditions that were materially different than those in place at the time he was ordered removed. (Singh v. Lynch, 10/20/16)
CA9 Upholds BIA’s Interpretation of INA §240A(b) as Reasonable
The court held that the BIA reasonably interpreted INA §240A(b)(1)(D) to require that a noncitizen applying for cancellation of removal must establish hardship to a qualifying relative as of the time the IJ adjudicates the application. (Mendez-Garcia v. Lynch, 10/20/16)
CA9 Finds BIA’s Decision Not to Reopen Sua Sponte Was Based on Legally Erroneous Premise
The court granted in part the petition for review, holding that BIA based its decision not to reopen proceedings sua sponte on an erroneous understanding of the relationship between prior deportation, reopening of proceedings, and INA §212(c) relief eligibility. (Bonilla v. Lynch, 7/12/16)
Shining a Light on Domestic Violence to Assist Immigrant Victims
October is Domestic Violence Awareness Month, which is intended to shine a light on the human right to be free from violence, ensure that all victims of domestic violence know they are not alone, and foster supportive communities that help survivors seek justice. In the United States, twenty people
AILA and the American Immigration Council File Amicus Brief with the BIA on “Wave Through” Entry
AILA, the American Immigration Council, the University of Houston Law Center Immigration Clinic, and other organizations filed an amicus brief with the BIA on whether a “wave through” entry constitutes an admission in “any status” under INA §240A(a)(2). (Matter of ___, 10/19/16)
DHS Notice of Privacy Act Update on "011 Immigration and Enforcement Operational Records (ENFORCE)" System of Records
DHS notice that it proposes to update, rename, and reissue a current system of records titled “DHS/U.S. Immigration and Customs Enforcement (ICE)–011 Immigration and Enforcement Operational Records (ENFORCE)” system of records. (81 FR 72080, 10/19/16)
BIA Remands Following Submission of U Visa Certification
Unpublished BIA decision grants motion to remand in light of submission on appeal of signed law enforcement certification and submission of U visa petition with USCIS. Special thanks to IRAC. (Matter of Martinez, 10/19/16)
BIA Holds California Second Degree Robbery Not Categorially an Aggravated Felony
Unpublished BIA decision holds that second degree robbery under Cal. Penal Code 211 is not an aggravated felony theft offense under the categorical approach and remands to consider whether statute is divisible. Special thanks to IRAC. (Matter of Pena, 10/19/16)
TRAC Report Finds Many Unrepresented Families Quickly Ordered Deported
This TRAC report finds that 27,015 cases on the immigration court’s “rocket docket” involving unrepresented “adults with children” have been decided by IJs since July 2014. In 43.4 percent of these cases, the unrepresented families were ordered deported at the initial master calendar hearing.
BIA Asserts Collateral Estoppel In Dismissing Ground of Removability
Unpublished BIA decision holds that IJ was collaterally estopped from finding respondent inadmissible under INA 212(a)(2)(C) because issue was previously litigated before a prior appeal to the Board. Special thanks to IRAC. (Matter of Leon, 10/18/16)
GAO Report: CBP Contracting for Transportation and Guard Services for Detainees
The U.S. Government Accountability Office (GAO) released a report on how CBP manages its current transportation services contract for the transportation and guard services of detainees encountered at the southwest border.
Statement by DHS Secretary Johnson on Southwest Border Security
DHS released a statement by Secretary Johnson with FY2016 statistics on southwest border apprehensions. Total apprehensions by the Border Patrol increased from FY2015 and Central Americans apprehended on the southern border outnumbered Mexicans. Also includes summary of other immigration actions.
AILA and AIC Comments on Proposed International Entrepreneur Rule
Comments submitted by AILA and the American Immigration Council in response to the DHS’s proposed “International Entrepreneur Rule,” published in the Federal Register on August 31, 2016.
BIA Holds Pennsylvania Aggravated Assault Not Crime of Violence
Unpublished BIA decision holds that first degree felony aggravated assault under 18 Pa. Const. Stat. 2702(a) is not an aggravated felony crime of violence under the categorical approach. Special thanks to IRAC. (Matter of Johnson, 10/17/16)
CA8 Remands to BIA for Consideration of Petitioner’s Administrative Closure Request
After finding it has jurisdiction to review denials of motions for administrative closure, the court held that BIA abused its discretion by failing to address petitioner’s request that BIA exercise its independent authority to grant administrative closure. (Gonzalez-Vega v. Lynch, 10/14/16)
BIA Remand In Absentia Order Where Respondent Went to Wrong Courtroom
Unpublished BIA decision orders further consideration of motion to rescind in absentia order where attorney proffered that he and respondent appeared for hearing but went to wrong courtroom. Special thanks to IRAC. (Matter of Garcia-Nava, 10/13/16)
Family Detention During Obama Administration
Resources related to the Obama administration’s family detention policy and conditions.
DHS Statement by Secretary Johnson on Removals to Haiti
DHS issued a statement from Secretary Johnson that in light of Hurricane Mathew, removal flights to Haiti have been suspended temporarily. But DHS intends to resume those flights as soon as possible. The 9/22/16 policy change regarding removals of Haitian nationals remains in effect.
CA9 to Rehear En Banc Case Involving Constitutionality of “Habitual Drunkard” Bar to Good Moral Character
By a vote of a majority of nonrecused active judges, the court ordered that Ledezma-Cosino v. Lynch, originally decided by a three-judge panel of the Ninth Circuit on 3/24/16, be reheard en banc. (Ledezma-Cosino v. Lynch, 10/12/16)
Sign-On Letter Urging President Obama to Protect Central American Refugees
On 10/12/16, AILA along with all the participants of “The US Response to Central American Refugees” shadow summit held 9/20/16 in New York made recommendations to the President on how to increase protection for Central American refugees.