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 Vacates Finding of Removability Based on Plea Under People v. West
Unpublished BIA decision vacates finding that conviction was an aggravated felony where complaint only recited statutory language and respondent entered plea under People v. West and did not plead guilty “as charged.” Special thanks to IRAC. (Matter of Ponce-Zacarias, 9/16/16)
Solicitor General Apologizes to the Supreme Court, Again
The moral of this blog post is two-fold. First, stranger things have happened, and second, do not believe everything someone tells you because just saying it does not make it so. On August 26, 2016, Acting Solicitor General Ian Heath Gershengorn penned a letter to the Honorable Clerk of the Supreme
BIA Says INA §101(a)(43)(G) Encompasses Extortionate Takings
The BIA held that a “theft offense” under INA §101(a)(43)(G), which requires the taking of property “without consent,” includes extortionate takings, in which consent is coerced by the wrongful use of force, fear, or threats. Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016)
TRAC Report Finds Priority Cases Overwhelm Immigration Court’s Capacity to Handle
This TRAC report finds that, as of the end of August 2016, the number of IJs continues to prove insufficient to handle the growing backlog in the immigration courts, particularly for priority cases like those involving UACs and women with children, which account for 31% of the court’s backlog.
CA9 Finds Petitioner Listed as Derivative on NACARA Application Was Not “Admitted in Any Status”
The court held that a cancellation of removal applicant has not been “admitted in any status” for purposes of establishing the requisite residency by virtue of being listed as a derivative beneficiary on a parent’s applications for asylum and relief under NACARA. (Fuentes v. Lynch, 9/14/16)
CA8 Upholds Adverse Credibility Determination Based on Inconsistencies in Petitioner’s Asylum Interview
The court held that the IJ identified, and the BIA adopted, specific, cogent reasons for making an adverse credibility determination as to the petitioner that were supported by substantial evidence. (Chakhov v. Lynch, 9/14/16)
TRAC Report on Individuals Released on Bond in Immigration Court Proceedings
This TRAC report finds that court records so far demonstrate that the release on bond of increasing numbers of individuals in immigration court proceedings has not resulted in any significant increase in those who abscond and fail to show up for their immigration hearings.
CA8 Upholds Denial of Withholding of Removal to Guatemalan Brothers
The court upheld the BIA’s finding that petitioners’ family was no different from any other Guatemalan family who has experienced gang violence, and that there was no evidence petitioners’ mistreatment was associated with their membership in a social group. (Cambara-Cambara v. Lynch, 9/13/16)
USCIS Performance Data on DACA Applications Through Third Quarter of FY2016
USCIS statistics on I-821D DACA applications, broken down by intake (accepted and rejected), biometrics, case status (received, approved, denied, or pending), and whether the application was an initial or renewal application for FY2012 through FY2016. FY2016 data is broken down by quarter.
USCIS Update on DACA Renewal Requests
USCIS posted an update on its website stating that its current goal is to process DACA renewal requests within 120 days, and that DACA applicants whose renewal requests have been pending for more than 105 days may contact USCIS.
CA1 Finds Appellant’s False Health Care Claim Caused More Than $10,000 in Losses
Applying the circumstance-specific approach of Nijhawan v. Holder, the court affirmed USCIS’s determination that appellant’s false health care claim caused more than $10,000 in losses, and thus upheld the denial of appellant’s naturalization application. (Nanje v. Chaves, 9/9/16)
CRS Report on Immigration Legislation and Issues in the 114th Congress
A Congressional Research Service report examines immigration-related issues that have received legislative action or are of significant congressional interest in the 114th Congress.
DHS Updates 8 CFR to Correct Outdated References
DHS final rule amending 8 CFR to update various outdated references, including provisions listing specific immigration officials authorized to perform various functions that did not reflect the current DHS structure. (81 FR 62353, 9/9/16)
BIA Clarifies Prior Decision in Matter of Guzman-Polanco
The BIA held that controlling circuit court law should be followed regarding the question of whether conduct such as the use or threatened use of poison to injure another person involves sufficient "force" to constitute a crime of violence. Matter of Guzman-Polanco, 26 I&N Dec. 806 (BIA 2016)
CA7 Finds BIA Did Not Err in Declining to Reopen IJ’s Removal Order of Iraqi Petitioner
The court held that neither the BIA nor the IJ erred in determining that the BIA could, and did, order only a partial remand of petitioner’s case, and that petitioner had no constitutional right to procedural due process as to discretionary relief under INA §212(c). (Turkhan v. Lynch, 9/9/16)
CA8 Remands to Consider Whether Petitioner’s Burglary Conviction Is an Aggravated Felony
The court granted the government’s motion to remand to the BIA for consideration in the first instance of whether the petitioner’s prior conviction for second-degree burglary in Minnesota constitutes an aggravated felony under INA §101(a)(43)(G). (Xiong v. Lynch, 9/8/16)
BIA Says IJs Cannot Adjudicate Section 212(d)(3)(A)(ii) Waiver by Petitioner for U Status
The BIA held that IJs do not have authority to adjudicate a request for a waiver of inadmissibility under INA §212(d)(3)(A)(ii) by a petitioner for U nonimmigrant status. Matter of Khan, 26 I&N Dec. 797 (BIA 2016)
AILA Immigration Policy Update – “Catch and Release”
AILA issued an immigration policy update on “catch and release,” an unofficial term for the government practice that ended in 2006, where people apprehended at the border were released from detention while their cases were waiting to be heard before the immigration court.
CRS Report on Criminal Alien Programs
A Congressional Research Service report discusses DHS programs targeting criminal noncitizens, including the Criminal Alien Program, the Priority Enforcement Program, the §287(g) Program, and the National Fugitive Operations Program, as well as policy issues.
OIG Report: Potentially Ineligible Individuals Have Been Granted U.S. Citizenship Because of Incomplete Fingerprint Records
DHS’s Office of Inspector General released a report finding that USCIS granted U.S. citizenship to at least 858 individuals ordered deported or removed under another identity when, during the naturalization process, their digital fingerprint records were not available.
EOIR Notice on November 2016 Deadline for List of Pro Bono Legal Service Providers
EOIR reminder that 11/30/16 is the deadline to reapply for inclusion on the List of Pro Bono Legal Service Providers. EOIR automatically transferred all organizations that were on the former list and any organization that has not applied by the deadline will be removed in January 2017.
USCIS Accepts Ombudsman’s Recommendation to Adopt Parole Policy for U Visa Petitioners and Family Members
The CIS Ombudsman’s Office notified stakeholders that USCIS has agreed with the Ombudsman’s recommendation to implement a parole policy for U visa petitioners and qualifying family members who live abroad. USCIS will implement this policy when a new form and policy guidance are completed in FY2017.
CA1 Upholds Withholding of Removal Denial to Citizen of Guatemala
The court held that substantial evidence supported BIA’s findings that petitioner failed to establish that any harm he suffered or would likely suffer in the future was serious enough to constitute persecution and related to a statutorily protected ground. (Hernandez-Lima v. Lynch, 9/7/16)
BIA Reverses Denial of Continuance for Unaccompanied Minor Seeking Asylum
Unpublished BIA decision held that the IJ should have granted a continuance for the respondent, who was then an unaccompanied minor, to apply for asylum. Special thanks to IRAC. (Matter of Rodas-Mazariegos, 9/7/16)
AG Lifts Stay and Remands Matter of Chairez and Matter of Sama
After referring the two BIA decisions to herself for review of an issue relating to Descamps v. United States, the Attorney General lifted the stay and remanded the two cases to the BIA for any appropriate action. Matter of Chairez and Matter of Sama, 26 I&N Dec. 796 (A.G. 2016)