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
AILA Comments on EOIR’s Proposed Rule on Recognition of Organizations and Accreditation of Non-Attorney Representatives
AILA comments in response to the proposed rule, “Recognition of Organizations and Accreditation of Non-Attorney Representatives” (R&A Program), published in the Federal Register on 10/1/15. Includes comments on the standards for the R&A program, application process, and ongoing requirements.
Amicus Brief Filed By 224 Organizations in Texas v. United States Urging Supreme Court to Hear the Case
AILA joined the American Immigration Council and 222 other immigration, civil rights, labor, and social service groups in an amicus brief, urging the U.S. Supreme Court to review the Texas v. United States case that has blocked some of President Obama’s executive actions on immigration.
BIA Finds Iowa Fraudulent Practice Offense Not a CIMT
Unpublished BIA decision holds that a fraudulent practice under Iowa Code 714.8(11) is not a CIMT because requires neither an explicit intent to defraud nor a false statement to obtain something tangible. Special thanks to IRAC. (Matter of Villatoro, 11/27/15)
CA1 Says Birth Certificate Establishes Independent Evidence of Petitioner's Alienage
The court held that the BIA did not err in finding that petitioner's birth certificate, sent by the Mexican Consulate following an ICE raid on petitioner's place of employment, established her alienage independent of any alleged constitutional violations. (Garcia-Aguilar v. Lynch, 11/25/15)
CA4 Remands Asylum Claim of Former Gang Member
The court held that the BIA failed to adequately address the record evidence in making its determination that the petitioner's proposed social groups were not cognizable under the INA, and remanded for proper consideration of this issue (Oliva v. Lynch, 11/25/15)
NSC Liaison Q&As on Refugee and Asylee Issues (11/12/15)
The NSC Liaison Committee’s official Q&As from the 11/12/15 teleconference on refugee and asylee issues, and other issues with NSC. Topics include: important information about expedite requests, document production, I-485s, I-589s, I-730s, medical exams, and waivers.
BIA Remands Where IJ Belittled Respondent During Questioning
The BIA remanded for a new hearing before a different IJ, finding that conduct by an IJ that can be perceived as bullying or hostile is not appropriate, particularly in cases involving minor respondents, and may result in remand to different IJ. Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015)
AILA Comments on USCIS Guidance Regarding the Interpretation of Extreme Hardship
AILA comments in response to the 10/7/15 USCIS Draft Policy Manual – Volume 9, Part B: Extreme Hardship, which would apply to the adjudication of certain waivers of inadmissibility that require a showing of extreme hardship.
CA1 Upholds BIA's Denial of Guatemalan Petitioner's Motion to Removal Proceedings
The court held that BIA did not abuse its discretion in declining to reopen the Guatemalan petitioner's removal proceedings, finding the motion was untimely, and petitioner had not made a showing of changed country conditions sufficient to warrant reopening. (Mejía-Ramaja v. Lynch, 11/20/15)
CA4 Finds Petitioner with Assault Conviction Removable for "Crime of Domestic Violence"
The court held that a state law that does not have a domestic relationship as an element of the underlying offense of conviction can constitute a “crime of domestic violence” under INA §237(a)(2)(E)(i). (Hernandez-Zavala v. Lynch, 11/20/15)
ICE Appoints Family Residential Center Federal Advisory Committee Members
ICE announced the list of appointments to the Advisory Committee on Family Residential Centers. The committee’s charter requires that membership consist of up to 15 members, representing a variety of perspectives, to serve in one-year, two-year, or three-year terms.
AILA: Lives of Undocumented Families Now in Supreme Court’s Hands
AILA President Victor Nieblas Pradis urged the U.S. Supreme Court “not only to take the case but to rule in favor of the administration” on the implementation of the Deferred Action for Parents of Americans and the expanded Deferred Action for Childhood Arrivals programs.
BIA Grants Untimely Motion to Rescind In Absentia Order Due to Exceptional Circumstances
Unpublished BIA decision grants untimely motion to rescind in absentia removal order after finding failure to appear was caused by ongoing physical and mental trauma from father of respondent’s children. Special thanks to IRAC. (Matter of Sandoval-Landero, 11/20/15)
CA9 Upholds Denial of Asylum to HIV-Positive Citizen of Mexico
The court held that substantial evidence supported the BIA's denial of the claims for asylum, withholding of removal, and CAT relief of the petitioner, a citizen of Mexico who had sought relief based on his sexual orientation and HIV-positive status. (Bringas-Rodriguez v. Lynch, 11/19/15)
ICE Notice of Federal Advisory Committee Meeting on Family Detention
ICE notice of a meeting on 12/14/15 with the ICE Advisory Committee on Family Residential Centers in Washington, D.C. to discuss challenges within ICE family residential centers. This meeting will be open to the public and an agenda is included. (80 FR 72451, 11/19/15)
CA10 Says Violation of No-Contact Order Satisfies INA §237(a)(2)(E)(ii)
The court followed Matter of Strydom, holding that violation of an order prohibiting contact with a potential victim satisfies the requirements of INA §237(a)(2)(E)(ii), and finding that the permanent resident petitioner was removable under the statute. (Cespedes v. Lynch, 11/19/15)
AILA: How President Obama Can Reform Immigration in His Last Year
AILA issued a report card on President Obama’s immigration efforts over the past seven years and made recommendations. AILA President Victor Nieblas Pradis states, “In his final year, President Obama can save thousands of lives, keep families together, and help our economy thrive.”
AILA Report Card: How President Obama Can Improve Immigration In His Last Year
AILA urges President Obama to lead on immigration and ensure lasting change for the nation, with recommendations in: refugee and humanitarian protection; the legal immigration system; enforcement; and protecting undocumented families and others with strong ties to America. Share the Report Card!
CA8 Finds No Abuse of Discretion Where IJ Deemed Adjustment Application Waived
The court upheld the waiver of petitioner's adjustment of status application and the denial of his request for a continuance, finding that there was no abuse of discretion, because petitioner was given adequate notice by IJ of the requirements for his application. (Choge v. Lynch, 11/18/15)
Practice Advisory on Deferred Action for Childhood Arrivals
This Practice Advisory provides updated information about the initial and renewal DACA process and offers strategic advice for presenting individuals who may qualify. The American Immigration Council issued this advisory with AILA and the National Immigration Project of the National Lawyers Guild.
DC Circuit Court Finds Post-Guilty Plea Misrepresentations Can Constitute Ineffective Assistance of Counsel
The court reversed the district court and remanded, finding that affirmative misrepresentations made by appellant’s counsel regarding the potential immigration consequences of a guilty plea after appellant had pled guilty could constitute ineffective assistance. (U.S. v. Newman, 11/17/15)
EOIR Immigration Court Closings for 2015
EOIR alert that the Denver Immigration Court, including the Aurora/GEO hearing location, is closed on November 17, 2015, due to inclement weather.
ACLU Practice Advisory on Representing Immigrant Children Following Release from Border Patrol Custody
ACLU provides a practice advisory on representing children following their release from Border Patrol custody. The advisory discusses the history of abuse and neglect by Border Patrol, and encourages attorneys to carefully consider how past mistreatment may impact clients’ eligibility for relief.
Recent Ninth Circuit Case Law November 2015
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in November 2015 and should be used as a starting point in research.
BIA Finds Loss to Fraud Victim Was Less Than $10,000
Unpublished BIA decision finds respondent was not convicted of an aggravated felony under INA 101(a)(43)(M)(i) because the loss to the victim was represented by the $9,000 restitution order rather than the amount of the forfeiture. Special thanks to IRAC. (Matter of Lecler de Jesus, 11/13/15)