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
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)
CA2 Remands Where BIA Failed to Consider Petitioner’s Marriage Certificate
The court found that it was unable to meaningfully review the BIA’s removability determination, because the BIA failed to consider material evidence—namely, petitioner’s 1994 marriage certificate, which stated that he first married five years after his admission. (Ahmed v. Lynch, 10/19/15)
AILA ICE Liaison Committee Meeting Q&As (10/19/15)
AILA ICE Liaison Committee questions and answers from the 10/19/15 liaison meeting with ICE, including information on prosecutorial discretion, OSUP orders, ISAP, bond, stays of removal, family detention, U visas, and recent HSI arrests.
CBP Issues Memo on Implementation of Court Order regarding Flores Settlement Agreement
CBP issued a memo on the implementation of the court order regarding the Flores settlement agreement and the 10/21/15 ruling regarding CBP holding facilities.
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.
BIA Finds Adjustment Applicant Was Admitted Despite Fraudulent Affidavit of Support
Unpublished BIA decision finds adjustment applicant was “admitted” despite having previously obtained a K nonimmigrant visa by means of a fraudulent affidavit of support. Special thanks to IRAC. (Matter of Huynh, 10/16/15)
BIA Holds Kansas Aggravated Battery Not a Crime of Violence
Unpublished BIA decision finds aggravated battery under Kan. Stat. 21-3414(a)(2)(A) not an aggravated felony crime of violence because it encompasses reckless conduct. Special thanks to IRAC. (Matter of Laicer, 10/15/15)
TRAC Report Finds Immigration Courts Completed 7.3% More Cases in FY2015
A TRAC report found that IJs completed 198,105 cases during FY2015, up 7.3% from 184,597 in FY2014. The data also indicates that this marks the first time in six years that immigration court closings have risen rather than fallen, halting a downward slide that had been observed since FY2009.
EOIR Notice of Meetings on Proposed Rule on Non-Attorney Representatives
EOIR notice of three meetings on a proposed rule on the recognition of organizations and accreditation of non-attorney representatives. Notice includes date/time of meetings, registration information, and agendas. (80 FR 61773, 10/14/15)
CA8 Finds Petitioner Forfeited Right to Hearing on False-Representation Charge
The court held that the petitioner forfeited his right to a merits hearing on the charge of falsely representing himself as a U.S. citizen in violation of INA §237(a)(3)(D) by failing to make a timely assertion of the right. (Muiruri v. Lynch, 10/14/15)
CA8 Upholds Adverse Credibility Finding of Petitioner from Punjab, India
The court upheld the IJ's adverse credibility determination, finding that it was based on substantial record evidence and supported by specific, cogent reasons, and also upheld the BIA's rejection of the petitioner's ineffective assistance of counsel claim. (Singh v. Lynch, 10/14/15)
CA1 Says Petitioner Failed to Show His Assault Conviction Was Not a Crime of Violence
The court held that petitioner had failed to meet his burden of proving by a preponderance of the evidence that his 2006 assault conviction was not a "crime of domestic violence," and thus that petitioner was not eligible for cancellation of removal. (Peralta Sauceda v. Lynch, 10/14/15)
Sign-on Letter to Texas Officials on Licensing Dilley and Karnes
On 10/13/15, AILA joined immigration, human rights, and refugee organizations, as well as medical and childcare experts, in urging Texas officials to deny child care licenses to the private prisons operating family detention centers in Dilley and Karnes, Texas.
CA9 Says NTA Triggers Stop-Time Rule Even Where Hearing Date and Location Is Not Specified
The court held that the failure of a Notice to Appear (NTA) to specify the date and location of a removal hearing has no effect on the stop-time rule, and accordingly found that the petitioner was statutorily ineligible for cancellation of removal. (Moscoso-Castellanos v. Lynch, 10/13/15)
BIA Sustains I-130 Appeal Finding Beneficiary Not Subject to INA §208(d)(6)'s Permanent Bar
Unpublished BIA decision held that the permanent bar under INA §208(d)(6) did not apply, because following the BIA's vacatur of its 2003 decision and remand to IJ, there was no "final order" specifically finding that the beneficiary knowingly filed a frivolous application. Courtesy of Shanshan Zhou.
CA7 Finds Petitioner Failed to Provide Sufficient Corroborating Evidence
The court held that petitioner did not offer evidence that corroborated the key elements of his claim of persecution, and that he failed to meet his burden of establishing that supplemental evidence could not have been obtained prior to his merits hearing. (Darinchuluun v. Lynch, 10/8/15)