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
District Court Awards $125,000 in Attorneys' Fees in Class Action Suit over Conditional Parole
The court finalized a settlement agreement providing that DOJ will pay a class of immigrants $125,000 in attorneys' fees to close out a lawsuit alleging that the IJs in the Seattle and Tacoma immigration courts uniformly denied requests for conditional parole. (Rivera v. Lynch, 12/18/15)
IJ Finds CA Firearms Conviction Is Not a Removable Offense Under INA §237(a)(2)(C)
The court held that the respondent's conviction for Carrying a Loaded Firearm in violation of California law did not constitute a firearms offense described in INA §237(a)(2)(C) that would render him ineligible for cancellation of removal. Courtesy of Brian Blackford.
Amicus Brief Filed with First Circuit on Interpretation of Modified Categorical Approach
Amicus filed by several organizations, including Immigrant Defense Project and AILA, in Peralta Sauceda v. Lynch. The brief argues that, when the record of a prior conviction is ambiguous, the conviction does not disqualify a noncitizen from cancellation of removal as a matter of law.
CA6 Upholds Denial of Withholding for “Wealthy” Mexican Petitioner
The court held that the petitioner's proposed social group, “persons who are perceived to have money or access to money due to having spent a significant amount of time in and having familial ties to the United States,” was not cognizable under the INA. (Sanchez-Robles v. Lynch, 12/17/15)
CA7 Reverses CAT Denial for Mexican Petitioner with Ties to Zetas Cartel
The court found that the IJ and BIA erred in holding that the Mexican petitioner, who had been tortured by Mexican police at the behest of the Zetas drug cartel due to unpaid debt and had been an informant, was not entitled to deferral of removal. (Rodriguez-Molinero v. Lynch, 12/17/15)
BIA Reopens Proceedings Because NTA Identified Different Respondent and A-Number
Unpublished BIA decision finds service of the Notice to Appear was defective, because it contained a different name and A-number from that of the respondent. Special thanks to IRAC. (Matter of Alvarenga-Torres, 12/17/15)
Recent Ninth Circuit Case Law December 2015
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in December 2015 and should be used as a starting point in research.
CA9 Finds Government Met Its Burden of Proving Petitioner's Alienage
The court affirmed the district court's determination that the petitioner is not a United States citizen, finding that the government satisfied its burden to the rebut petitioner's claim of citizenship by clear and convincing evidence. (Mondaca-Vega v. Lynch, 12/15/15)
CARA Urges Texas Officials To Deny Child Care Licenses to Detention Centers in Dilley and Karnes
On 12/11/15, the CARA Pro Bono Project submitted a letter to the Texas Department of Family and Protective Services urging the agency not to adopt proposed amendments to the Texas Human Resources Code that would facilitate licensing the family detention centers in Texas as child care facilities.
CA8 Upholds Determination That FGM Evidence Did Not Establish Prima Facie Eligibility for Asylum
The court found that the BIA did not abuse its discretion in denying petitioners' motions to remand, finding that evidence regarding female genital mutilation (FGM) was not previously unavailable and was insufficient to establish prima facie eligibility for asylum. (Njie v. Lynch, 12/11/15)
CA1 Remands for BIA to Interpret and Apply Former INA §243(h) as Amended by AEDPA §413(f)
The court remanded to the BIA to interpret and apply former INA §243(h), as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) §413(f), to the petitioner, a non-aggravated felon. (Velerio-Ramirez v. Lynch, 12/11/15)
BIA Finds Conviction for Driving on Suspended License in New Jersey Is Not a CIMT
Unpublished BIA decision holds that operating a motor vehicle during a period of license suspension under N.J. Stat. 2C:40-26(a) is not a crime involving moral turpitude. Special thanks to IRAC. (Matter of A-C-D-, 12/11/15)
CA8 Says Pointing Firearm at Another Person in SC Is a Crime of Violence
The court upheld the district court and USCIS's determination that appellant could not establish good moral character, holding that his conviction for violating South Carolina’s “Pointing firearm at another person” statute was categorically a crime of violence. (Reyes-Soto v. Lynch, 12/10/15)
CRCL Complaint on Challenges Faced by Indigenous Language Speakers in Family Detention
A complaint submitted to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General by the CARA Family Detention Pro Bono Project detailing challenges that indigenous language-speaking mothers and children in family detention centers face in procuring access to justice.
CARA: Family Detention System Fails Indigenous Language-Speaking Families
The CARA Family Detention Pro Bono Project filed a formal complaint today with the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General detailing the serious obstacles indigenous language speakers are facing in procuring access to justice in family detention centers.
BIA Says Probationary Confinement in Substance Abuse Facility Constitutes "Term of Confinement"
The BIA held that a term of confinement in a substance abuse treatment facility imposed as a condition of probation is a "term of confinement" under INA §101(a)(48)(B) for purposes of determining if an offense is a crime of violence. Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015)
CA1 Says Third-Degree Assault in Connecticut Is Not a Crime of Violence
The court held that third-degree assault under Connecticut law does not require proof of all the required elements of a "crime of violence," and thus found that petitioner's conviction alone did not constitute proof that he had been convicted of an aggravated felony. (Whyte v. Lynch, 12/9/15)
BIA Finds Service of NTA Improper on Minor
Unpublished BIA decision finds the Notice to Appear was improperly served where respondent was under 14 years of age and not residing with grandfather at time of service. Special thanks to IRAC. (Matter of B-N-G-M, 12/9/15)
TRAC Data Shows Removal of Noncitizens on Terrorism Grounds Continues to Be Rare
A TRAC analysis found that the removal of a noncitizen via Immigration Court proceedings on the grounds of terrorism continues to be a rare event, as it has been for many years. For FY2015, the data indicates that only two of the 176,397 removal orders sought by DHS were based on terrorism concerns.
CA8 Upholds Cancellation Denial for Failure to Establish Continuous Presence
The court held that substantial evidence supported the BIA's determination that the petitioner failed to establish the continuous presence requirement, and was thus ineligible for cancellation of removal. (Torres-Balderas v. Lynch, 12/8/15)
EOIR Issues New Form EOIR-28
AILA’s EOIR Liaison Committee alerts members that EOIR released a new edition of Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court, effective 12/7/15.
District Court Dismisses Class Action Lawsuit Alleging Unlawful Delays in Asylum Adjudications
The U.S. District Court for the Eastern District of New York held that the “no substantive or procedural right or benefit” language found in INA §208(d)(7) precludes any action to compel compliance with the INA's statutory timeframes for asylum adjudication. (L.M., et al. v. Johnson, 12/7/15)
Official EOIR Atlanta Stakeholder Meeting Q&As (12/5/16)
Q&As from the postponed 12/5/16 EOIR stakeholder event in Atlanta. Topics include SOPO bonds, inconsistent and improper service of documents, Stewart IC complaint, court recordings, telephonic appearances, EOIR updates, NTAs for child respondents, and filing asylum applications.
CA4 Affirms Finding That Petitioner Was Convicted of a Particularly Serious Crime
The court upheld the BIA and IJ's determination that petitioner's conviction for a drug trafficking crime, for which he received a sentence of five years’ imprisonment, was a particularly serious crime rendering him ineligible for withholding of removal. (Hernandez-Nolasco v. Lynch, 12/4/15)
Written Testimony from Juan Osuna on EOIR Oversight
Written testimony from Juan P. Osuna, Director of EOIR, for the 12/3/15 “Oversight of the Executive Office for Immigration Review” before the House Committee on the Judiciary, where he discussed the current state of the courts, IJ hiring, agency organization, leveraging technology, and more.