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
AG Refers Two BIA Decisions to Herself for Review of Issue Relating to Descamps
The AG referred the BIA’s decisions to herself for review of an issue relating to Descamps v. U.S., ordering that those cases be stayed and not regarded as precedential or binding as to the issue under review. Matter of Chairez and Matter of Sama, 26 I&N Dec. 686 (A.G. 2015)
Legal Access and Legal Visitation Standard Operating Procedures for ICE Family Residential Centers
ICE issued Standard Operating Procedures establishing minimum legal access and legal visitation standards applicable to all ICE Family Residential Centers (FRC) that are active and operational.
EOIR Memo on Handling Cases Involving Certain Applications for Cancellation and Suspension
Obtained via FOIA by Hoppock Law Firm, EOIR released a memo from David L. Neal to Board Legal Staff on handling cases involving certain applications for cancellation and suspension, and identifying CoR cap cases. Special thanks to Matthew Hoppock.
Sign-on Letter to ICE on Processing Immigrants Set for Early Release from BOP
On 10/29/15, AILA joined a number of immigration and human rights organizations urging ICE to provide due process to the estimated 1870-2000 immigrants that are scheduled for early release from the Bureau of Prisons (BOP) starting 10/30/15.
BIA Reopens In Absentia Order After Tolling 180-Day Deadline
Unpublished BIA decision rescinds in absentia order upon finding failure to appear was result of ineffective assistance and that respondent acted with sufficient diligence to toll 180-day deadline to seek reopening. Special thanks to IRAC. (Matter of Castro, 10/29/15)
BIA Remands Record Because IJ Failed to Note Eligibility for 212(h) Waiver
Unpublished BIA decision remands records because the IJ failing to advise the respondent of his potential eligibility to adjust status with a 212(h) waiver, thereby violating 8 CFR §1240.11(a)(2). Special thanks to IRAC. (Matter of Dia, 10/29/15)
AILA Quicktake #144: AILA ICE Liaison Committee Update
AILA ICE Liaison Committee Vice Chair Heather Drabek Prendergast shares updates from an October 19, 2015, meeting with ICE. Help the committee by filling out this survey, Prosecutorial Discretion Prior to Issuance of NTA.
BIA Finds Voluntary Departure Does Not Break Presence If Not Informed of Right to IJ Hearing
The BIA held that where a noncitizen had the right to appear before an IJ but was not informed of that right, a voluntary departure does not break the noncitizen’s continuous physical presence for purposes of cancellation of removal. Matter of Castrejon-Colino, 26 I&N Dec. 667 (BIA 2015)
BIA Finds Evidence of Voluntary Departure At or Near Border Does Not Break Presence If Not Advised of Right to IJ Hearing
The BIA held that where a noncitizen was not informed of the right to appear before an IJ, a voluntary departure or return does not break continuous physical presence, regardless of whether the encounter occurred at or near the border. Matter of Garcia-Ramirez, 26 I&N Dec. 674 (BIA 2015)
CA2 Says Detained Immigrants Must Be Afforded Bond Hearing Within Six Months of Detention
The court held that an immigrant detained pursuant to INA §236(c) must be afforded a bail hearing before an IJ within six months of his or her detention. (Lora v. Shanahan, 10/28/15)
Letter to Texas Officials on Licensing Detention Centers in Dilley and Karnes
On 10/27/15, the CARA Pro Bono Project sent a letter to Texas officials urging the Texas Department of Family and Protective Services (DFPS) to deny licenses to ICE for its two family detention centers in Dilley and Karnes, Texas.
BIA Finds Nevada Battery Not a Crime of Violence
Unpublished BIA decision holds battery under Nev. Rev. Stat. 200.485.1(a) is not categorically a crime of violence, because it includes use of any unwanted force, however slight. Special thanks to IRAC. (Matter of Patricio-Damian, 10/27/15)
BIA Holds DHS May Place “Arriving Aliens” in Removal Proceedings Without Credible Fear Determination
Unpublished BIA decision states that DHS may elect as matter of discretion to place arriving aliens directly into removal proceedings without requiring them to pass a credible fear determination. Special thanks to IRAC. (Matter of Patel, 10/26/15)
CA7 Finds IJ Misconstrued Petitioner's Testimony Regarding Wife's Procedure
The court held that the IJ misunderstood petitioner’s testimony, and that the IJ erred by concluding that petitioner could not show past persecution because he resisted only his wife’s forced contraceptive implant, as opposed to a forced abortion or sterilization. (Wang v. Lynch, 10/26/15)
Senators Urge DHS to Examine Policies that Limit Access to Legal Counsel for Detained Families
On 10/23/15, 19 senators sent DHS Secretary Jeh Johnson a letter urging him to examine ICE’s policies that have barred or limited asylum-seeking mothers and children access to legal representation in Dilley, Texas.
Fact Sheet: The Flores Litigation and the Impact on Family Detention
The CARA Family Detention Pro Bono Project offers this fact sheet on the Flores litigation, covering the key points from Judge Gee’s ruling concerning the inhumane incarceration of mothers and children fleeing violence and persecution, and what the next steps are in the case.
Government Continues Incarcerating Mothers and Children Despite Judge’s Ruling
The CARA Family Detention Pro Bono Project calls on the government to fully comply with Judge Gee’s ruling concerning the inhumane incarceration of mothers and children fleeing violence and persecution; thus far DHS has not taken the steps necessary to comply with today’s deadline.
AILA/USCIS Field Operation Directorate Liaison Q&As (10/22/15)
Official questions and answers from the 10/22/15 AILA liaison meeting with USCIS Field Operations. Topics include summarily denied I-130s per INA §204(g), K-1s, I-751 interview delays, emergency advance parole, I-212s, and EB-5 issues. Notes include leadership directory and organizational chart.
AILA EOIR/OCAHO Liaison Meeting Minutes (10/22/15)
Minutes from the 10/22/15 AILA liaison meeting with EOIR and OCAHO. Topics include use of technology in the courtroom, representation at credible fear reviews, updates on the immigration court backlogs, priority dockets, staffing, communication between ICE and OCAHO, FOIAs, and appeals.
Practice Advisory on Inspection, Entry, and Admission
This practice advisory discusses entries where a noncitizen is “waved” in; where there is fraud or misrepresentation; and where there is a false claim to U.S. citizenship. Also discusses whether the entry was an “admission”, immigration status upon entry, and the impact on a DACA application.
BIA Terminates Proceedings Despite Eligibility for Reinstatement of Removal
Unpublished BIA decision reopens and terminates proceedings following vacatur of criminal conviction and notwithstanding that respondent was subject to reinstatement of removal under INA 241(a)(5). Special thanks to IRAC. (Matter of Raya-Dominguez, 10/22/15)
BIA Finds Crime Against Family Members Constitutes Exceptional Circumstances for Failure to Appear
Unpublished BIA decision finds failure to appear justified by exceptional circumstances, namely the kidnapping of her brothers and cousin, and the murder of her father shortly before the hearing. Special thanks to IRAC. (Matter of Rincon-Velasquez, 10/21/15)
CA10 Finds BIA Erred in Applying Matter of Briones Retroactively to Petitioner
The court held that the BIA’s retroactive application of Matter of Briones to petitioner’s case found no support in the principles underlying the law of retroactivity, in precedent decisions, or in relevant authority from other jurisdictions. (De Niz Robles v. Lynch, 10/20/15)
BIA Finds New York Sexual Offense Not a CIMT
Unpublished BIA decision holds that a second degree criminal sexual act under N.Y.P.L. 103.45 Is not a CIMT because the statute lacks a scienter requirement with regard to the age of the victim. Special thanks to IRAC. (Matter of S-P-B-, 10/20/15)
No Safe Haven Here: Mental Health Assessment of Women and Children Held in U.S. Immigration Detention
A mental and behavioral health research team traveled to the Dilley Detention Facility and released a report on Central American women and children’s refugee immigrant detention experiences after doing fieldwork from July 22 to July 24, 2015.