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
BIA Rescinds In Absentia Order Based On Mistaken Advice from Relative
Unpublished BIA decision finds uncle’s failure to read hearing notice and mistaken belief that respondent did not need to appear constituted exceptional circumstances justifying rescission of in absentia order. Special thanks to IRAC. (Matter of Bautista-Perez, 10/7/15)
CRCL Complaint Details How Family Detention Facility Endangers Incarcerated Mothers and Children
A complaint was submitted to the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General by the CARA Family Detention Pro Bono Project detailing additional examples of deplorable and inadequate medical care to which mothers and children are subjected.
CARA: ICE and CCA Continue to Endanger the Lives of Mothers and Children Incarcerated at Family Detention Facility
The CARA Family Detention Pro Bono Project submitted a new complaint to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General detailing the inhumane conditions to which mothers and children are subjected at the South Texas Family Residential Center in Dilley, Texas.
Complaint: ICE’s Continued Failure to Provide Adequate Medical Care to Mothers and Children Detained at the South Texas Family Residential Center
The CARA partners jointly filed a complaint on behalf of fourteen mothers and their children who received or are still receiving substandard medical care while detained at the South Texas Family Residential Center (STFRC) in Dilley, Texas.
CA9 Finds Possession of Child Pornography Under CA Statute Is Not an Aggravated Felony
The court held that petitioner's conviction for possessing child pornography under a California statute did not qualify as an aggravated felony, because the CA statute is categorically broader than any offense described in the federal statute. (Chavez-Solis v. Lynch, 10/6/15)
Immigration Law Advisor, September 2015 (Vol. 9, No. 8)
The September 2015 Immigration Law Advisor, a legal publication from EOIR, includes with an article on administrative notice and the opportunity to respond, as well as summaries of circuit court decisions from August 2015, summaries of recent BIA precedent decisions, and regulatory updates.
CBP Implements Agency-wide National Standards on Transport, Escort, Detention, and Search
CBP announcement on the issuance of uniform national standards governing CBP’s interaction with detained individuals, including provisions on transport, escort, detention, and search.
CBP Releases National Standards on Transport, Escort, Detention, and Search of Detained Individuals
CBP national standards on the transport, escort, detention ,and search of detained individuals, as well as requirements related to the prevention of sexual abuse and assault, the treatment of personal property, and the care of at-risk individuals in custody including children and families.
CA9 Declines to Sanction Government Attorneys for Improper Oral Argument
In a class action lawsuit brought by detained non-citizens, the court discharged its August 2015 Order to Show Cause, holding that no government attorney provided information to the Los Angeles Times with the object of influencing the appeal. (Rodriguez v. Robbins, 10/2/15)
USCIS Statistics on Asylum Filings for Minors for FY2015
USCIS provided FY2015 statistics on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
CA5 Says Petitioner's Drug Conviction Satisfies Personal-Use Exception
The court found that the petitioner's misdemeanor conviction for possession of marijuana within 1,000 feet of his high school—a drug-free zone under Texas law—fell into the INA's "personal-use exception." (Flores Esquivel v. Lynch, 10/1/15)
EOIR Proposed Rule on Recognition of Organizations and Accreditation of Non-Attorney Representatives
EOIR proposed rule on requirements and procedures for authorizing representatives of nonprofit religious, charitable, social service, or similar organizations to represent persons before EOIR and DHS and on EOIR’s disciplinary procedures. Comments are due by 11/30/15. (80 FR 59514, 10/1/15)
EOIR Final Rule on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings
EOIR final rule adopting, as amended, the proposed rule entitled List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings. Rule is effective 11/30/15. (80 FR 59503, 10/1/15)
EOIR Final Rule on Separate Representation for Custody and Bond Proceedings
EOIR final rule adopting, as amended, the proposed rule allowing a representative before EOIR to enter an appearance in custody and bond proceedings without appearing for all of the individual’s proceedings before the Immigration Court . Rule is effective 12/7/15. (80 FR 59500, 10/1/15)
BIA Finds IJ Failed To Sufficiently Explain Denial of Administrative Closure
Unpublished BIA decision orders further consideration of request for administrative closure where IJ stated that the request was denied because it was not “judicially economical.” Special thanks to IRAC. (Matter of Perez, 10/1/15)
DOJ OIL October 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for October 2015, with articles on Rodriguez v. Robbins, Lora v. Shanahan, Matter of Chairez, and Matter of Sama, as well as summaries of circuit court decisions for October 2015.
BIA Chastises IJ For Denying SIJ-Related Continuance
Unpublished BIA decision reverses denial of continuance pending adjudication of state court dependency petition, stating that denial of request “was not a good utilization of Immigration Court and Board resources.” Special thanks to IRAC. (Matter of M-A-J-, 9/30/15)
CA9 Says BIA Applied Wrong Standard in Philippines Coup Planner Case
The court held that the BIA erred in failing to apply the clear error standard of review to the IJ’s finding that petitioner lacked the “intent to endanger, directly or indirectly, the safety of one or more individuals.” (Zumel v. Lynch, 9/29/15)
Coercion and Intimidation of Detained Mothers and Children
A complaint was submitted to the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General by the CARA Family Detention Pro Bono Project documenting intimidation, misinformation and violations of the right to counsel at the family detention facility in Dilley, Texas.
CARA: Coercion and Intimidation of Detained Mothers and Children Must Stop
The CARA Family Detention Pro Bono Project submitted a complaint to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General documenting intimidation, misinformation and violations of the right to counsel at the South Texas Family Residential Center in Dilley, Texas.
Public Complaint Regarding Coercion and Violations of the Right to Counsel at the South Texas Family Residential Center in Dilley
Public complaint submitted by the CARA Project to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General documenting intimidation, misinformation and violations of the right to counsel at the South Texas Family Residential Center in Dilley, Texas.
CA8 Says Misuse of SNAP Benefits Is Aggravated Felony
The court upheld the BIA’s conclusion that the petitioner’s conviction for the unauthorized use of SNAP food stamp benefits categorically involved fraud or deceit within the meaning of INA §101(a)(43)(M), and was thus an aggravated felony. (Mowlana v. Lynch, 9/30/15)
BIA Upholds IJ’s Finding That DHS Did Not Prove Respondent Was Aggravated Felon
Unpublished BIA decision affirms discretionary grant of cancellation of removal, upholding IJ's conclusion that DHS did not prove respondent was convicted of an aggravated felony, because the record did not establish if the conviction was for personal use or trafficking. Courtesy of Russell Abrutyn.
EOIR 30-Day Notice for Comments on Form EOIR-56
EOIR 30-day notice requesting comments on Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings. Comments are now due on 10/29/15. (80 FR 58506, 9/29/15)
BIA Reopens Proceedings Sua Sponte Due to Stress Causing Respondent to Miss Hearing
Unpublished BIA decision reopens proceedings sua sponte, noting that respondent failed to appear at hearing due to stress arising from pending divorce proceedings and mother’s hospitalization. Special thanks to IRAC. (Matter of Galono, 9/29/15)