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
DHS Notice: Privatized Immigration Detention Facilities Subcommittee
DHS notice that on 8/26/16, the Homeland Security Advisory Council (HSAC) was tasked with establishing a Privatized Immigration Detention Facilities Subcommittee. (81 FR 60713, 9/2/16)
BIA Says Oklahoma Conviction for “Resisting an Executive Officer” Is Not Categorically a CIMT
Unpublished BIA decision finds that the respondent’s 2012 Oklahoma conviction for “resisting an executive officer” was not a CIMT, and thus vacated the IJ’s decision finding that the respondent was not eligible for cancellation of removal under INA §240A(b)(1). Special thanks to David Sobel.
BIA Finds Oklahoma Resisting Arrest Statute Not a CIMT
Unpublished BIA decision holds that resisting an executive officer under Okla. Stat. Ann. Tit 21, §268 is not a CIMT as it does not require use of deadly weapon, actual or intended inflicted injury, or disregard of life or property of others. Special thanks to IRAC. (Matter of F-E-H-, 9/2/16)
CA9 Upholds Regulation Precluding an Individual Subject to a Reinstated Removal Order from Applying for Asylum
The court found that the Attorney General’s regulation at 8 CFR §1208.31(e), which prevents a noncitizen who is subject to a reinstated removal order from applying for asylum, was reasonable, and hence entitled to deference under Chevron. (Perez-Guzman v. Lynch, 8/31/16)
AILA: Trump Immigration Policy Unworkable and Inhumane
AILA expressed deep concern over Donald Trump’s immigration platform which “reflected a lack of understanding of immigration law, a disregard for fundamental rights of due process guaranteed by the Constitution, and a failure to appreciate the valuable contributions that immigrants make.”
Immigration Law Advisor, August 2016 (Vol. 10, No. 6)
The August 2016 Immigration Law Advisor, a legal publication from EOIR, includes an article on uncertainty regarding what constitutes “sexual abuse of a minor,” as well as summaries of circuit court decisions from August 2016 and BIA precedent decisions.
CA9 Finds It Lacks Jurisdiction to Review BIA’s Decision Following Remand to IJ for Voluntary Departure Advisals
The court held that it lacked jurisdiction to review the BIA’s decision following remand to an IJ for voluntary departure advisals, because petitioner did not file a petition for review within the 30-day period after the IJ’s decision as to the merits of his claims. (Singh v. Lynch, 9/1/16)
What is Donald Trump’s Position on Immigration?
Why do we ask? And why particularly of Donald Trump and not Hillary Clinton? While the devil is always in the details, it is clear that Secretary Clinton has a more favorable view of immigration and has laid out a fairly clear strategy for how she would reform the current system. But the question
CA5 Finds Petitioner Did Not Meet INA §212(a)(9)(C)(ii)’s Exception to Inadmissibility
The court deferred to the BIA’s interpretation of INA §212(a)(9)(C)(ii) in Matter of Torres-Garcia, holding that petitioner did not met the section’s exception to inadmissibility, because he failed to remain outside the U.S. for ten years before returning. (Zermeno v. Lynch, 8/31/16)
CA7 Upholds Denial of Request for a Continuance to Adjustment of Status Applicant
The court held that BIA did not abuse its discretion in denying petitioner’s request for a continuance, which was made during the hearing he sought to be continued, and found that his entitlement to the relief he wanted to seek from USCIS was speculative at best. (Cadavedo v. Lynch, 8/31/16)
CA8 Remands for Petitioner to Present Evidence on Manner of Preparation of I-213 Documents
Noting that it would be fundamentally unfair to rely on I-213 documents as the only evidence that petitioner entered without inspection without giving him an opportunity to present evidence about their manner of preparation, the court remanded to the BIA. (Rodriguez-Quiroz v. Lynch, 8/31/16)
CSC PowerPoint Presentations from 8/31/16 Open House
The California Service Center (CSC) provided the PowerPoint presentations from its 8/31/16 open house, where updates were given on employment and family-based immigration, student issues, and DACA.
American Immigration Council Special Report: Divided by Detention
The American Immigration Council issued a special report that profiles five asylum-seeking families divided by detention. It provides a preliminary analysis of how this separation occurs, and the impact this separation can have on families’ well-being and ability to access humanitarian protection.
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)
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)
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.
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)
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)
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)