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 Reverses Finding That Respondent Failed to Submit Fee for Relief Application
Unpublished BIA decision reverses finding that respondent failed to submit fee for cancellation application where respondent presented biometrics notice and proof that check accompanying the application was cashed. Special thanks to IRAC. (Matter of Ngo, 8/31/16)
BIA Reopens Proceedings Pending Adjudication of Asylum Application by USCIS
Unpublished BIA decision reopens and administratively closes proceedings sua sponte pending adjudication of asylum application by USCIS, noting that respondent was unaccompanied alien child at time of in absentia. Special thanks to IRAC. (Matter of B-A-P-J-, 8/31/16)
BIA Rescinds In Absentia Order Due to Missing Apartment Number
Unpublished BIA decision rescinds in absentia order because NTA was mailed to the respondent at an address that did not contain an internal apartment number. Special thanks to IRAC. (Matter of Hiraldo, 8/31/16)
CA9 Finds BIA Erred by Failing to Give Notice and Opportunity to Provide Corroborating Evidence
The court granted the petition for review of the BIA’s denial of asylum, holding that the IJ erred by failing to give the petitioner notice and an opportunity to explain any perceived inconsistencies or provide additional corroborative evidence. (Bhattarai v. Lynch, 8/30/16)
CA3 Affirms Dismissal of Habeas Petitions of 28 Detained Central American Mothers
The court affirmed the district court’s order dismissing the petitioners’ habeas petitions for lack of subject-matter jurisdiction, and found that noncitizens seeking initial admission cannot invoke the U.S. Constitution’s Suspension Clause. (Castro, et al. v. DHS, et al., 8/29/16)
Statement by Secretary Johnson on Establishing a Review of Privatized Immigration Detention
Statement by DHS Secretary Jeh Johnson regarding his 08/26/16 direction to the Homeland Security Advisory Council to evaluate whether ICE detention operations should follow the lead of DOJ, which announced on 08/18/16 that it will be reducing and ultimately ending its use of private prisons.
EOIR Announces Creation of Information Helpdesks
EOIR announced the creation of the Immigration Court Helpdesk Program, which is intended to orient non-detained individuals appearing before the immigration court on the removal hearing process and to inform them about possible remedies and legal resources.
CA6 Says Solicitation of Prostitution Is a CIMT
The court denied the petition for review, holding that the petitioner’s conviction for solicitation of prostitution was a crime involving moral turpitude. (Reyes v. Lynch, 8/26/16)
CA8 Finds Three Fraud Counts of Conviction Warranted Aggregation in Calculating Victim Loss
The court held that the petitioner's three fraud counts of conviction were part of a sufficiently interrelated fraud to warrant aggregation, whether or not the criminal complaint included an express allegation of conspiracy or scheme to defraud. (Sokpa-Anku v. Lynch, 8/26/16)
DACA Recipient Challenges Nationwide Scope of DAPA/DACA+ Injunction
A DACA recipient filed a complaint challenging DHS’s revocation of his employment authorization and seeking to exempt New York residents from Texas Judge Andrew Hanen’s injunction against President Obama’s executive actions on immigration. (Batalla Vidal v. Baran, et al., 8/25/16)
CA7 Upholds BIA’s Discretionary Denial of Section 212(h) Waiver
The court denied the petition for review, finding that the BIA made no legal error in reversing the IJ’s grant of a Section 212(h) waiver to the petitioner, who lost his LPR status and was rendered inadmissible after he committed an aggravated felony. (Cisneros v. Lynch, 8/25/16)
CA9 Says Expunged State Conviction Remains a Conviction for Adjustment and Cancellation Purposes
The court denied the petition for review, finding that the petitioner’s expunged state conviction for violating a controlled substance law was still a conviction for purposes of eligibility for adjustment of status and cancellation of removal. (Reyes v. Lynch, 8/25/16)
CA5 Says BIA Remand Solely for Voluntary Departure Proceedings Is Final for Judicial Review Purposes
The court denied the motion to dismiss for lack of jurisdiction, holding that a BIA decision that resolves the merits of an appeal but remands for further proceedings as to voluntary departure is a final order of removal for purposes of judicial review. (Holguin-Mendoza v. Lynch, 8/25/16)
CA1 Upholds Denial of Asylum to Pentecostal Citizen of Eritrea
The court upheld the denial of asylum to the petitioner, who claimed she was persecuted in Eritrea because of her Pentecostal faith, holding that a reasonable factfinder would not be compelled on the record to conclude she met her burden of proving past persecution. (Bahta v. Lynch, 8/24/16)
CA7 Upholds Denial of Asylum Member of Ata Meken Party from to Kyrgyzstan
The court found that the BIA’s denial of asylum to the petitioner, who claimed that he faced persecution for his political activism as a member of the youth wing of the Ata Meken party in his native Kyrgyzstan, was supported by substantial evidence. (Santashbekov v. Lynch, 8/24/16)
CA7 Remands Where BIA Found Falsely Using SSN to Work Was CIMT
Where the BIA found that petitioner’s conviction for falsely using a social security number to work was a crime involving moral turpitude, the court remanded to the BIA to consider petitioner's case under an appropriate legal framework for judging moral turpitude. (Arias v. Lynch, 8/24/16)
CA7 Says “Mexican Nationals Perceived as Wealthy After Returning from United States” Is Not a PSG
The court upheld the denial of withholding of removal to petitioner, finding that BIA properly found his proposed social group of “Mexican nationals who have lived in the U.S. for many years and are perceived as wealthy upon returning to Mexico” was not cognizable. (Salgado v. Lynch, 8/24/16)
AILA Notes from SCOPS Teleconference (8/24/16)
AILA notes from a teleconference with SCOPS on 8/24/16. Topics include I-612 waivers, asylee and refugee adjustment, hardship/persecution waivers for clinical physicians, signature requirements, cases at the Potomac Service Center, ELIS, and defensive asylum application receipts.
BIA Equitably Tolls Motion to Reopen Deadline To Submit Additional Evidence
Unpublished BIA decision reverses denial of motion to reopen, finding equitable tolling of deadline was warranted for submission of additional evidence outside of 90-day period. Special thanks to IRAC. (Matter of Dauphin, 8/24/16)
BIA Rescinds In Absentia Order In Light of Erroneous Denial of Motions to Appear Telephonically and Change Venue
Unpublished BIA decision rescinds in absentia order where DHS had not opposed motion to appear telephonically and IJ waited until day before hearing to deny motion to change venue. Special thanks to IRAC. (Matter of Galimidi, 8/24/16)
BIA Recognizes PSG of Honduran Women Unable to Leave Domestic Relationship
In this unpublished decision, the Board of Immigration Appeals (BIA) held that “Honduran women unable to leave a domestic relationship” is a cognizable particular social group. Special thanks to IRAC. (Matter of I-M-E-G-, 8/23/16)
BIA Holds Virginia Unlawful Wounding Does Not Require Use of Force
Unpublished BIA decision finds hold unlawful wounding under Va. Code 18.2-51 not a crime of violence under 18 U.S.C. 16(a) because it applies to actions (e.g., poisoning) that do not require use of force. Special thanks to IRAC. (Matter of Lambert, 8/23/16)
CA1 Finds Threats Against Petitioner by His Father's Killer Were Motivated by Personal Dispute
The court upheld the denial of asylum and withholding of removal, finding that the threats made against the Guatemalan petitioner by his father’s killer were motivated not by an enumerated statutory ground for relief, but instead by a personal dispute. (Marín-Portillo v. Lynch, 8/23/16)
CA9 Remands Matter of Ortega-Lopez to Determine if Cockfighting Is a CIMT
The court remanded for the BIA to consider Nunez v. Holder’s language regarding a “protected class of victim” as it applies to the case, finding that petitioner’s conviction for cockfighting appears outside the normal realm of crimes of moral turpitude. (Ortega-Lopez v. Lynch, 8/23/16)
AILA Amicus Brief to BIA on Detention in the Context of Mental Health Commitment
The AILA Amicus Committee filed an amicus brief with the BIA, addressing the meanings of “detention” and “release” as they relate to mental health commitment.