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
CA10 Finds Petitioner's Testimony Was Unpersuasive in Establishing Continuous Presence
The court upheld the BIA, finding that the petitioner was ineligible for cancellation of removal, because he failed to establish a ten-year continuous physical presence in the United States. (Gutierrez-Orozco v. Lynch, 1/21/16)
CA9 Says Felony Child Abuse in California Is Not a Categorical a Crime of Violence
The court held that California’s felony child abuse statute does not qualify as a categorical crime of violence, and is not divisible. The court thus found that the petitioner's conviction under the statute did not constitute an aggravated felony. (Ramirez v. Lynch, 1/20/16)
TRAC Report Finds Criminal Immigration Prosecutions Have Fallen 22 Percent
A TRAC report found that, according to the most recent data from DOJ, the government reported 4,861 new immigration prosecutions during November 2015. This represents a drop of 13.2 percent from the previous month, and a decline of 22.3 percent from November 2014.
BIA Holds Company Conviction Cannot Be Attributed to Corporate Officer
Unpublished BIA decision finds that doctrine of piercing the corporate veil cannot be used to attribute a corporation’s conviction to a corporate officer who was never charged or convicted of a crime individually. Special thanks to IRAC. (Matter of Gomez, 1/20/16)
BIA Finds Nevada Battery Conviction Is Not a Crime of Violence
Unpublished BIA decision reopens proceedings sua sponte upon finding that respondent’s conviction for attempted battery with substantial bodily harm under Nev. Rev. Stat. 200.481 was not categorically an aggravated felony crime of violence. Special thanks to IRAC. (Matter of Alcivar, 1/19/16)
AILA and LatinoJustice Comments on International Rate Regulation for Inmate Calling Services
On 1/19/16, AILA and LatinoJustice submitted a joint comment to the Federal Communication Commission on the International Rate Regulation for Inmate Calling Services.
Seeking Remedies for Ineffective Assistance of Counsel in Immigration Cases
An American Immigration Council practice advisory on how individuals can seek a remedy for ineffective assistance of counsel in immigration court proceedings by filing a motion to reopen, including an overview on the right to effective assistance and the requirements in Matter of Lozada.
AILA Urges Supreme Court to Affirm Constitutionality of Executive Branch Immigration Powers
AILA President Victor Nieblas welcomes the Supreme Court’s decision to take up Texas vs. United States, noting that the final ruling “will go far beyond immigration. No single state should be empowered to thwart the federal government’s nationwide policy decisions.”
AILA’s Recommendation To Ensure Vulnerable Central Americans Are Treated Fairly and Humanely and Are Protected from Deportation
AILA urges the president and DHS to halt the raids and deportations of vulnerable Central Americans and recommends that procedures be established that ensure these families receive fair and humane treatment and can meaningfully seek humanitarian protection under U.S. law.
CA8 Upholds BIA's Finding That Petitioner’s Proposed Social Group Was Not Socially Distinct
The court upheld the denial of the petitioner's claim for withholding of removal, finding that the BIA did not err in concluding that the petitioner’s proposed social group, defined as "escapee Mexican child laborers," was not socially distinct. (Gonzalez Cano v. Lynch, 1/15/16)
Recent Ninth Circuit Case Law January 2016
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in January 2016 and should be used as a starting point in research.
TRAC Report Assesses the Potential Impact of Immigration Raids Targeting Women with Children
A TRAC report found that a total of 18,607 "women with children" removal orders were issued between July 2014 and December 2015, according to the most recent data from the Immigration Court. The families involved lacked legal representation 86 percent of the time.
CA9 Finds It Lacks Jurisdiction to Review Nicaraguan Petitioner's Unexhausted Asylum Claim
The court upheld the BIA's denial, holding that petitioner's asylum claim was unexhausted because petitioner's statements to the BIA failed to meaningfully apprise it of the basis for his appeal, and that the court thus lacked jurisdiction to review the claim. (Rizo v. Lynch, 1/14/16)
CA7 Remands Withholding of Removal Claim Based on Political Views of Nicaraguan Petitioner
The court reversed the denial of withholding of removal and remanded to the BIA, holding that the petitioner presented pertinent, credible evidence that he faces a significant probability of persecution if he is removed to Nicaragua. (Gutierrez-Rostran v. Lynch, 1/13/16)
CARA: 33 Mothers and Children Protected from Immediate Deportation
After successfully halting the removal of 33 Central American mothers and children rounded up by Immigration and Customs Enforcement, the CARA Family Detention Pro Bono Project called on the Obama administration to release the families confined at Dilley.
CA1 Upholds Denial of Motion to Reconsider for Failure to Assert Previously Available Arguments
The court held that because the new arguments the petitioner raised in his motion to reconsider were previously available but not previously asserted, the BIA did not abuse its discretion in denying the motion. (Hurtado v. Lynch, 1/13/16)
U Visa: A Sliver of a Silver Lining for Victims of Violent Crimes
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act in October 2000. As the USCIS website explains, this legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic viole
House Democrats Tell the President to End the Immigration Raids
A 1/12/16 letter from 146 House members to President Obama demanding an end to immigration home raids that have targeted Central American families with children.
CA7 Upholds CAT Denial to HIV-Positive, Homosexual Mexican Petitioner
The court held that the HIV-positive, homosexual Mexican petitioner did not satisfy his burden of showing that it was more likely than not that he would be tortured by the government or with the government’s acquiescence if he was removed to Mexico. (Lopez v. Lynch, 1/12/16)
District Court Grants Writ of Habeas Corpus to Detainee Held for Twenty-Six Months
The U.S. District Court for the Western District of Texas granted the petition for a writ of habeas corpus, holding that the petitioner's detention of more than twenty-six months was unreasonable, and that the appropriate remedy was a bond hearing. Courtesy of Carlos Spector.
BIA Reopens Sua Sponte Following Vacatur of Decades-Old Conviction
Unpublished BIA decision reopens proceedings sua sponte following vacatur of 1997 criminal conviction, calling a constitutionally defective conviction “a gross miscarriage of justice.” Special thanks to IRAC. (Matter of Martinez, 1/12/16)
Notice Regarding Interest Rate Paid on Cash Deposited to Secure ICE Immigration Bonds
Notice that for the period beginning 1/1/16, and ending on 3/31/16, the U.S. Immigration and Customs Enforcement Immigration bond interest rate is 0.14 per centum per annum. (81 FR 1289, 1/11/16)
CA7 Defers to BIA’s Finding That Continuous Residency Clock Stopped with Drug Conviction
The court held that BIA reasonably construed INA §240A(a) to find that the clock for accruing time toward continuous residency permanently stopped with the LPR petitioner's 1998 drug conviction, and thus that petitioner was not eligible for cancellation of removal. (Isunza v. Lynch, 1/11/16)
District Court Allows Class Action Lawsuit over Conditions at CBP Detention Facility to Proceed
The U.S. District Court for the District of Arizona allowed a class action lawsuit filed by detainees against CBP over alleged inhumane treatment and conditions at a CBP detention facility to move forward. (Unknown Parties v. Johnson, et. al., 1/11/16)
CA7 Upholds Denial of Asylum and Withholding of Removal to Chinese Farmer
The court upheld the IJ and the BIA, holding that the petitioner did not provide, or adequately explain the absence of, reasonably available evidence to corroborate his testimony regarding the appropriation of his farmland by the Chinese government. (Chen v. Lynch, 1/8/16)