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
CA6 Remands Petition of Mexican Citizen to BIA Solely for Reconsideration of Voluntary-Departure Determination
The court remanded the petition to the BIA for further consideration of its voluntary-departure determination, but upheld the BIA’s denial of the petitioner’s applications for withholding of removal and CAT relief. (Amezola-Garcia v. Lynch, 4/11/16)
BIA Reopens In Absentia Order in Light of Decisions Striking Down DOMA
Unpublished BIA decision reopens in absentia order sua sponte in light of intervening Supreme Court and BIA decisions removing the Defense of Marriage Act as a bar to the recognition of same-sex marriages. Special thanks to IRAC. (Matter of Alves-Leal, 4/8/16)
CA10 Upholds Asylum Denial Where Burmese Petitioner Claimed Persecution Based on Political Opinion
The court held that the BIA did not abuse its discretion in finding that petitioner, a Burmese citizen seeking relief based on persecution for his political opinions, was not credible, and that its discretionary decision to deny asylum was not arbitrary and capricious. (Htun v. Lynch, 4/8/16)
EOIR Releases FY2015 Statistics Yearbook
EOIR released its FY2015 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO, as well as appeals of IJ decisions to the BIA. The data includes information on respondents’ cases by naturalization, language, and disposition, and provides asylum case information.
CA7 Rejects Pro Se Petitioner's Argument That He Was Denied Representation by Counsel
The court held that the petitioner was afforded due process, because the IJ complied with INA §240(b)(4) by informing the petitioner of his right to obtain counsel, and offered repeatedly to continue the case to allow him to obtain representation. (Estrada-Hernandez v. Lynch, 4/8/16)
Department of the Treasury Notice on Interest Rates for Immigration Bonds
Department of the Treasury notice that for the period beginning 4/1/16 and ending 6/30/16, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.30 per centum per annum. (81 FR 20448, 4/7/16)
AILA DOS Liaison Q&As (4/7/16)
DOS responses to AILA/DOS liaison Q&As from 4/7/16 addressing questions relating to communicating with consular posts, visa revocation policy including DUI-related revocations, alien smuggling, Blanket L endorsement, annotation, and validity issues, NVC deficiency notices, and visa modernization.
AILA/USCIS Field Operations Directorate Liaison Q&As (4/7/16)
Official questions and answers from the 4/7/16 AILA liaison meeting with USCIS Field Operations. Topics include staffing, the Q Flo system, biometrics in removal proceedings, ECHO, Forms I-751, medical exams, social media, Quilantan entries, Forms I-924, and following up on EB-5 cases.
AILA EOIR/OCAHO Liaison Meeting Minutes (4/7/16)
Minutes from the 4/7/16 AILA liaison meeting with EOIR and OCAHO. Topics include staffing and docket information, ADRs, amicus curiae briefs, E-Registry, IJ professionalism, revised docketing practices, use of technology in the courtroom, priority dockets, and the asylum one-year filing deadline.
AILA ICE Liaison Committee Meeting Q&As (4/7/2016)
AILA ICE Liaison Committee questions and answers from the 4/7/16 liaison meeting with ICE, including information on prosecutorial discretion, OSUP orders, ISAP, bond, stays of removal, family detention, military parole in place, and ICE’s new initiative to increase community engagement.
CA6 Upholds Asylum Denial Where Chinese Petitioner Claimed to Fear Persecution Based on Religion
The court found that the IJ’s adverse credibility determination was supported by substantial evidence, and that the petitioner had not presented evidence or any argument that would compel a reasonable adjudicator to disagree with the IJ’s finding. (Zheng v. Lynch, 4/6/16)
Immigration Law Advisor, February-March 2016 (Vol. 10, No. 2)
The February-March 2016 Immigration Law Advisor, a legal publication from EOIR, includes an article on the 75th anniversary and a brief summary of its history, as well as summaries of circuit court decisions from January and February 2016 and BIA precedent decisions.
AILA Quicktake #162: CARA Files Psychological Trauma Complaint
AILA's Associate Director of Advocacy Karen Lucas shares why the CARA Family Detention Pro Bono Project submitted a complaint to OCRCL and the Office of the Inspector General, which highlights eight cases of deep psychological trauma affecting mothers held in family detention.
CA6 Says §1208.16(e) Does Not Apply to Denial of Asylum Due to Untimeliness
The court upheld the IJ’s and BIA’s denials of the petitioner’s asylum application, finding that 8 CFR §1208.16(e) did not require the IJ to reconsider the finding that the application was untimely after the petitioner was granted withholding of removal. (Fisenko v. Lynch, 4/1/16)
BIA Upholds Grant of Asylum Based on Inability to Relocate Internally
Unpublished BIA decision denies a DHS appeal and affirms a grant of asylum upon finding that immigration judge did not commit clear error in finding the respondent could not internally relocate within Pakistan. Special thanks to IRAC. (Matter of N-K-B-, 3/31/16)
BIA Finds Pro Se Respondent Did Not Validly Waive Appeal
Unpublished BIA decision finds pro se respondent did not validly waive appeal despite initially saying he would accept the IJ’s decision as final. Special thanks to IRAC. (Matter of Elwin, 3/31/16)
CA9 Finds BIA's Interpretation of “Obstruction of Justice” Raises Grave Constitutional Doubts
The court found that the BIA’s revised interpretation of “obstruction of justice” announced in Matter of Valenzuela Gallardo raised grave doubts about whether INA §101(a)(43)(S) is unconstitutionally vague. (Valenzuela Gallardo v. Lynch, 3/31/16)
DHS OIG Released Report on CBP’s Implementation of PREA
The DHS OIG found that CBP needs to better plan its implementation of the DHS Prison Rape Elimination Act of 2003 (PREA) regulations, develop a budget to implement the actions, and provide clear and consistent guidance to all CBP offices regarding implementation of the regulations.
One Year Later - Immigrants’ Rights Groups Providing Pro Bono Legal Services to Families Detained in Texas Continue Vital Work
The CARA Family Detention Pro Bono Project marked its one-year anniversary and highlighted the generosity of more than 700 volunteers who combined donated more than $6.75 million in pro bono work in the past year helping nearly 8,000 families start the process of seeking asylum.
Sign-On Letter to the President Opposing DHS’s Operation Border Guardian
On 3/30/16, AILA joined over 150 organization in opposing a program that the Department of Homeland Security has named “Operation Border Guardian,” and the consequence it may have on refugees fleeing violence from Central America
AILA Quicktake #161: CARA's One-Year Anniversary
AILA President Victor Nieblas shares what the CARA Family Detention Pro Bono Project has accomplished in the last year and why family detention must end.
EOIR Factsheet on Fighting Fraud, Abuse, and Ineffective Representation in Immigration Proceedings
EOIR provided a factsheet on its programs to fight fraud, abuse, and ineffective representation in immigration proceedings.
CA7 Upholds Denial of Adjustment Application Where Marriage Was Not Deemed Bona Fide
The court upheld the BIA decision, finding that substantial evidence supported the IJ’s finding that the Bulgarian petitioner committed marriage fraud, and thus that he was ineligible for adjustment of status. (Zyapkov v. Lynch, 3/29/16)
CARA OCRCL Complaint: Ongoing Concerns Regarding the Detention and Fast-Track Removal of Detained Children and Mothers Experiencing Symptoms of Trauma
The CARA Family Detention Pro Bono Project filed a formal complaint with the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General to register ongoing concerns regarding the detention of traumatized mothers and children in ICE family detention centers.
Obama Administration Continues to Detain Traumatized Mothers and Children Who Fled Violence
The CARA Family Detention Pro Bono Project filed a formal complaint and called for a comprehensive investigation into the psychological and physiological impact that family detention is having on children and mothers, as well as the due process violations that occur as a result.