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: Need to End Family Detention Ever More Clear
AILA President Leslie A. Holman responded to news that some kids and moms are being released from detention, noting that “The tragic reality is that more than 2,000 children and mothers remain detained…Freedom for a few, while the nightmare continues for everyone else detained, is not sufficient.”
TRAC Report Finds Decline in Odds of Deportation in FY2015
A TRAC report found the odds that a noncitizen will be ordered deported by an IJ have fallen to 48.4% to date in FY2015, the lowest level since at least FY1998. The report also states that DHS is projected to cite criminal activity as the grounds for removal in only 11.1% of cases in FY2015.
TRAC Report Finds Criminal Immigration Convictions Have Dropped 20% Since FY2013
A TRAC report found there were 42,778 new immigration convictions during the first seven months of FY2015, which is on pace to make this the second year in a row that the number of criminal prosecutions for immigration offenses has declined.
BIA Holds Guilty Plea Before Special Court-Martial Qualifies as “Conviction” for Immigration Purposes
Unpublished BIA decision holds that a guilty plea before a special court-martial qualifies as a "conviction" for immigration purposes under Matter of Rivera-Valencia, 24 I&N Dec. 484, 486 (BIA 2008). Special thanks to IRAC. (Matter of Gourzong, 6/12/15)
BIA Administratively Closes Proceedings Pending DHS Determination on Prosecutorial Discretion
Unpublished BIA decision administratively closes removal proceedings pending DHS’s determination of whether respondent merits a favorable exercise of prosecutorial discretion. Special thanks to IRAC. (Matter of J-A-L-G-, 6/11/15)
CA9 Reverses Illegal Reentry Conviction Due to Improper Cross-Exam
The court held that by asking defendant to comment on the credibility of a Border Patrol agent key witness, then referring to evidence not before the jury to bolster that witness’s testimony, the government deprived defendant of a fair trial. (United States v. Alcantara-Castillo, 6/11/15)
CA7 Finds IJ’s Adverse Credibility Finding Not Supported by Substantial Evidence
The court remanded, holding that because an applicant’s testimony alone may be sufficient to sustain the applicant’s burden without corroboration under INA §208(b)(1)(B)(ii), the IJ’s flawed credibility determination required a reassessment of petitioner’s credibility. (Liu v. Lynch, 6/11/15)
CA9 Amends Angov Opinion; Affirms Reliance on Hearsay Letter in Asylum Claim
The court amended its opinion, affirming the IJ and BIA’s discretionary decision to admit into evidence and rely on a hearsay letter prepared by the State Department for litigation to find that police subpoenas submitted by the asylum petitioner were fraudulent. (Angov v. Holder, 6/8/15)
BIA Says IJs Should Accept as Genuine an Asylum Applicant with Competency Issues’ Fear of Harm
The BIA held that if an asylum applicant has competency issues that affect the reliability of his testimony, the IJ should, as a safeguard, generally accept his fear of harm as subjectively genuine based on the applicant’s perception of events. Matter of J-R-R-A-, 26 I&N Dec. 609 (BIA 2015)
CA9 Holds PSR May Be Used to Determine If Amount of Funds Exceeds $10,000
The court held that BIA correctly found that the $10,000 monetary threshold referred to the “specific circumstances” of a money laundering offense, and that BIA properly relied on the presentence report (PSR) to determine if the threshold amount was met. (Arce Fuentes v. Lynch, 6/10/15)
CA4 Says BIA’s Interpretation of Sexual Abuse of a Minor Not Subject to Deference
The court granted the petition for review, holding that because the BIA did not supply a definition of the crime “sexual abuse of a minor” in Matter of Rodriguez-Rodriguez, the BIA’s interpretation of the crime was not entitled to Chevron deference. (Amos v. Lynch, 6/10/15)
Way Too Long: Prolonged Detention in Arizona's Border Patrol Holding Cells, Government Records Show
The American Immigration Council released a fact sheet on how newly released data shows that the Border Patrol routinely forces its detainees to sleep in cells that lack beds or other reasonable sleeping accommodations, often for multiple nights.
CA6 Says Asylum Applicants Not Entitled to Notice of Necessary Corroborating Evidence
The court held that INA §208(b)(1)(B)(ii) does not require immigration courts to give asylum applicants advance notice regarding the sort of evidence they must produce to prevail in their efforts to remain in the United States. (Gaye v. Lynch, 6/9/15)
CA8 Finds Guatemalan Petitioner’s Repeated Physical Abuse Not Persecution
The court held that the BIA was not compelled to find that the physical abuse inflicted on the petitioner by his aunt, cousin, and a group of his cousin’s friends amounted to persecution, either in isolation or cumulatively. (Barillas-Mendez v. Lynch, 6/4/15)
BIA Holds Marriage Is Not a Requirement for Domestic Violence Asylum Claims
Unpublished BIA decision holds that Matter of A-R-C-G- does not require applicants seeking asylum based on domestic violence to have been married to their abuser. Special thanks to IRAC. (Matter of D-M-R-, 6/9/15)
Alternatives to Detention Program Guidance
Message from ERO Taskings to field office directors and deputy field office directors with alternatives to detention program guidance including best practices related to referrals to ATD, enrollment in ATD, and ATD case management.
CA9 Holds Acceptance into FUP Is Not an Admission to the U.S.
The court upheld BIA’s decision that petitioner did not meet the statutory 7-year residency requirement, because acceptance into the Family Unity Program did not constitute an admission into the U.S. for purposes of cancellation of removal under INA §240A(a). (Medina-Nunez v. Lynch, 6/8/15)
AILA Brief in Gomez-Perez v. Lynch on Use of Modified Categorical Approach
AILA amicus brief with the Fifth Circuit in Gomez-Perez v. Lynch, arguing courts should use the modified categorical approach under Descamps only when the statute of conviction contains alternative elements that must be found unanimously by a jury before a conviction can be secured.
BIA Says Grant of FUP Benefits Is Not an Admission to the U.S.
The BIA held that a grant of Family Unity Program (FUP) benefits is not an admission for purposes of establishing seven years of continuous residence after having been admitted in any status to be eligible for cancellation of removal. Matter of Fajardo Espinoza, 26 I&N Dec. 603 (BIA 2015)
CA9 Says Applicant for Special Rule Cancellation Not Automatically Eligible for §212(h) Waiver
The court held that an applicant for special rule cancellation is not, by sole virtue of that status, eligible for a §212(h) waiver of inadmissibility, nor does that applicant automatically meet the definition of a Violence Against Women Act “self-petitioner.” (Garcia-Mendez v. Lynch, 6/8/15)
CA5 Says Use of Fraudulent Immigration Document Not a Continuing Offense
The court held that “use” of an immigration document, “knowing it to be forged, counterfeited, altered, or falsely made” or “procured by fraud or unlawfully obtained,” does not constitute a “continuing offense” for statute of limitations purposes. (United States v. Tavarez-Levario, 6/5/15)
Immigration Law Advisor, May 2015 (Vol. 9, No. 5)
Immigration Law Advisor, a legal publication from EOIR, with an article on the Convention Against Torture and third-party abuse, as well as summaries of circuit court decisions for April 2015, as well as summaries of recent BIA precedent decisions.
EOIR Interim Rule Expanding the Size of the BIA
EOIR interim rule with request for comments amending DOJ regulations relating to the BIA by adding two Board member positions, expanding the BIA to 17 members. This rule is effective 6/3/15. Comments must be submitted by 8/3/15. (80 FR 31461, 6/3/15)
CA1 Says BIA Abused Discretion in Deciding “Address” Means Residential Address
The court held that the IJ and BIA abused their discretion in deciding that relocating without providing an updated residential address, even if a valid mailing address is still on file, categorically amounts to evasion of a hearing notice. (Renaut v. Lynch, 6/3/15)
NY Supreme Court Says Undocumented Immigrant May Practice Law in New York
The court held that an undocumented immigrant who is authorized to be present in the U.S. under DACA and meets all other eligibility requirements governing admission to practice law in NY may satisfy the requisite good character standard. (Cesar Adrian Vargas, 2015 NY Slip Op 04657, 6/3/15)