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 Finds NTA Did Not Terminate Continuous Physical Presence
The BIA held that a notice to appear (NTA) that was served but never resulted in removal proceedings does not have "stop-time" effect for purposes of establishing eligibility for cancellation of removal pursuant to section 240A(d)(1) of the INA. Matter of Ordaz, 26 I&N Dec. 637 (BIA 2015)
District Court Finds DHS in Breach of Flores Agreement
District Court Judge finds DHS in breach of the Flores agreement and grants plaintiffs’ motion to enforce. DHS has until 8/3/15 to file a response, and plaintiffs have until 8/10/15 to file a response, after that the matter will stand as submitted. (Flores v. Johnson, 7/24/15)
BIA Holds North Carolina Paraphernalia Statute Not a Controlled Substance Offense
Unpublished BIA decision terminates proceedings under Mellouli v. Lynch, 135 S. Ct. 1980 (2015), against respondent convicted of possession with intent to use drug paraphernalia under N.C.G.S. 90-113.22. Special thanks to IRAC. (Matter of Morris, 7/23/15)
A Humane Approach Can Work: The Effectiveness of Alternatives to Detention for Asylum Seekers
This American Immigration Council report reviews emerging research on the release of asylum seekers from detention, including the impact of various forms of alternatives to detention, and summarizes the primary harms caused by immigration detention.
CA5 Says Immigrants Whose Removal Orders Have Been Reinstated Are Not Eligible for Asylum
The court held that INA §241(a)(5)'s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum. (Ramirez-Mejia v. Lynch, 7/21/15)
USCIS Fact Sheet on Post-Injunction Three-Year DACA EADs
USCIS updated information on USCIS efforts to secure the return of post-injunction three-year EADs issued to DACA recipients. USCIS is re-issuing corrected two-year EADs to these individuals and has updated their records to reflect a two-year period of deferred action and employment authorization.
USCIS Comment Request on Proposed Revisions to Form EOIR-58
USCIS 30-day notice of an extension to the comment request period for proposed revisions to Form EOIR-58, Unfair Immigration-Related Employment Practices Complaint Form. Comments are now due by 8/19/15. (80 FR 42840, 7/20/15)
EOIR Headquarters Announces Return to 22041 Zip Code
EOIR notice announcing that effective 7/27/15, all mail addressed to EOIR Headquarters in Falls Church, VA should be addressed using the 22041 zip code. This announcement supersedes the 10/1/13 change, restoring the EOIR Headquarters zip code that was used prior to that date.
CA3 Says Aggravated Felony Bar Applies to Conditional LPRs
The court held that an immigrant who is admitted as a lawful permanent resident on a conditional basis (“conditional LPR”) qualifies as “an alien lawfully admitted for permanent residence” for purposes of the aggravated felony bar under INA §212(h). (Paek v. Att’y Gen., 7/20/15)
CA8 Rejects Due Process Claims and Upholds Denial of Asylum for Bosnian Petitioners
The court upheld the BIA's denial of asylum, finding that the BIA’s rejection of the Bosnian petitioners' due process claims was supported by substantial evidence, and that the petitioners were accorded due process. (Nanic v. Lynch, 7/20/15)
IJ Finds Conviction for Threat to Kidnap or Injure a Person Not a CIMT
The IJ granted respondent's motion to terminate, finding that respondent's felony conviction for "Threat to Kidnap or Injure a Person" in violation of D.C. Code §22-1810 was neither a crime involving moral turpitude (CIMT) nor an aggravated felony crime of violence. Courtesy of Brian Murray.
ICE Provides Information on Settlement for Individuals Who Have Serious Mental Disorders and Have Been Ordered Removed
ICE provided notice of a partial settlement of the Franco-Gonzalez v. Holder class action lawsuit, which alleged that individuals in immigration detention who are incompetent to represent themselves because of a serious mental disorder are entitled to legal representation.
CA1 Denies Qualified Immunity to ICE Agents Who Issued Detainer Without Probable Cause
The court affirmed district court's denial of qualified immunity on plaintiff’s 4th Amendment claim against ICE agent and supervisors, because the law was clearly established in 2009 that an ICE agent must have probable cause to issue an immigration detainer. (Morales v. Chadbourne, 7/17/15)
CA7 Says IJ Did Not Abuse Discretion by Denying Continuance
The court found that the IJ did not err by denying petitioner's motion for a continuance, where the IJ found that petitioner had ample time to get fingerprinted and submit a petition for relief, and gave no reason for his failure to comply with the deadlines to do so. (Giri v. Lynch, 7/17/15)
AILA Amicus Brief Opposing Prolonged Mandatory Detention
AILA amicus brief filed with the Eleventh Circuit opposing prolonged mandatory detention, and illustrating the real-life consequences of the government’s mandatory detention practices.
BIA Finds Theft Offense Not Divisible in Light of Descamps
Unpublished BIA decision terminates removal proceedings of respondent who was convicted of theft under Maryland law and sentenced to a term of imprisonment of three years, holding that the offense was neither a categorical theft offense nor divisible. (Matter of Sama, 7/17/15)
TRAC Report Finds Representation Makes Fourteen-Fold Difference in Outcome in "Women with Children" Cases
A TRAC report found that the latest data tracking the processing of “women with children” cases showed that the odds of being allowed to remain in the United States increased by more than fourteen-fold when the women and children had legal representation in immigration court.
EOIR Announces that Chief Immigration Judge Is Stepping Down
EOIR announcement that Brian M. O’Leary is returning to the Arlington Immigration Court as an immigration judge. The agency will soon begin recruiting a new Chief Immigration Judge. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge.
AILA Quicktake #131: USCIS Retrieving Erroneously Issued 3-Year DACA EADs
AILA President Victor Nieblas Pradis discusses USCIS's recently issued letters to some DACA recipients requiring them to return their three-year Employment Authorization Documents (EADs) that are being retrieved after an injunction in Texas v. United States.
BIA Holds Voluntary Departure Terminated Upon Filing of Motion to Withdraw Request
Unpublished BIA decision denies as moot a motion to withdraw grant of voluntary departure, stating that voluntary departure was automatically terminated upon the filing of the motion. Special thanks to IRAC. (Matter of Macario, 7/15/15)
Written Testimony by DHS Secretary at House Judiciary Hearing
Written testimony of DHS Secretary Jeh Johnson for House Committee on the Judiciary hearing titled “Oversight of the U.S. Department of Homeland Security on 7/14/15. Johnson discussed border security, family detention, and executive actions.
GAO Report on Actions Needed to Ensure UACs Receive Required Care in DHS Custody
A GAO report on DHS policies and procedures to screen and care for all unaccompanied alien children (UACs) as required. The GAO recommends, among other things, that DHS provide guidance on screening criteria and document the interagency process to transfer UACs from DHS to HHS.
CA1 Says Court May Consider Administrative Actions in Other Proceedings in Mootness Claim
The court held that a court may consider administrative actions in other proceedings to resolve a colorable claim of mootness for a petition for judicial review, and remanded to see if revocation of petitioner's VAWA petition rendered the petition for review moot. (Manguriu v. Lynch, 7/14/15)
IJ Finds that “Ordinary Case” Standard Has Been Abrogated by Johnson
The IJ found that the Supreme Court in Johnson abrogated the “ordinary case” standard in BIA’s Matter of Francisco-Alonzo, and that courts should use the Moncrieffe categorical approach in analyzing crimes of violence under 18 USC §16(b). Courtesy of Brian Blackford.
Release of Refugee Families is Long-Overdue Step
The American Immigration Lawyers Association (AILA) and the American Immigration Council welcome plans announced by Immigration and Customs Enforcement (ICE) for the release of some mothers and children detained after seeking refuge at our borders with the following statement.