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
CA9 Finds Misdemeanor Conviction for Unlawful Laser Activity Not a CIMT
The court granted the petition for review, finding petitioner’s conviction for misdemeanor unlawful laser activity was not a categorical crime involving moral turpitude (CIMT), because the statute could be violated by conduct not equivalent to terrorizing threats. (Coquico v. Lynch, 6/17/15)
CA9 Says Petitioner Is Removable as an Aggravated Felon
The court held that clear and convincing evidence established petitioner pleaded to and was convicted of meth possession, due to his no contest plea under a CA statute to simple possession—a lesser included offense to Count 1 of the Information, sale of meth. (Ruiz-Vidal v. Lynch, 6/17/15)
Statement by DHS Inspector General at House Hearing on Executive Actions
Statement by John Roth, Inspector General for DHS, at a 6/17/15 House hearing titled “A Review of the President’s Executive Actions on Immigration.” Testimony focused on the results of OIG’s audit of DHS’s use of prosecutorial discretion data.
BIA Says Returning LPR Cannot Be Charged with Inadmissibility Under INA §212(a)
The BIA held that an LPR returning to the U.S. cannot be regarded as seeking an admission and may not be charged with inadmissibility under INA §212(a) if he does not fall within any of the exceptions in INA §101(a)(13)(C). Matter of Pena, 26 I&N Dec. 613 (BIA 2015)
ICE FAQs on Prosecutorial Discretion and Enforcement Priorities
ICE FAQs relating to civil enforcement priorities and prosecutorial discretion, including steps to take when an individual detained in ICE custody or in removal proceedings believes that he is not an enforcement priority or that he is otherwise eligible for an exercise of prosecutorial discretion.
BIA Reverses Denial of Continuance for Respondent Seeking SIJS
Unpublished BIA decision states that IJs should generally continue or administratively close proceedings to await adjudication of a pending state proceeding that could serve as a predicate order for Special Immigrant Juvenile (SIJ) status. Special thanks to IRAC. (Matter of J-S-P-, 6/17/15)
CA4 Finds Violation of Petitioner’s 4th Amendment Rights Not Egregious
The court denied the petition for review, holding that although ICE’s nighttime execution of a daytime warrant violated the petitioner’s Fourth Amendment rights, such violation was not egregious under the totality of the circumstances. (Yanez-Marquez v. Lynch, 6/16/15)
Change to Existing Regulation Concerning the Interest Rate Paid on Cash Deposited To Secure Immigration Bonds
DHS final rule amending its regulations addressing the payment of interest on cash bond deposits to explicitly provide that the Department of the Treasury will set the interest rate. Rule is effective 8/17/15. (80 FR 34239, 6/16/15)
CA6 Upholds BIA Finding Petitioner Failed to Rebut Presumption of Receipt of Notice
The court held BIA did not abuse its discretion in finding petitioner failed to rebut the presumption that he received a hearing notice the government mailed, where an immigration official transcribed a wrong address onto petitioner’s NTA, which petitioner signed. (Thompson v. Lynch, 6/12/15)
USCIS Provides DACA Renewal Tips
USCIS reminds stakeholders to request DACA renewal between 150 and 120 days before the expiration date listed on the current Form I-797 DACA approval notice and employment authorization document. Notice also includes filing tips for DACA renewals.
Supreme Court Says 5th Circuit Erred in Declining to Take Jurisdiction over Petitioner's Untimely Appeal
The Supreme Court held that the Fifth Circuit erred in holding that it lacked jurisdiction to review petitioner's request that the BIA equitably toll the 90-day deadline on his motion to reopen as a result of ineffective assistance of counsel. (Mata v. Lynch, 6/15/15)
EOIR Releases Data on Complaints Against Immigration Judges (FY2014)
EOIR released information on complaints against immigration judges, including the complaints received, the resolution of complaints received during FY2014, the basis of complaints, and the sources of complaints.
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.
ICE Brochure on Priority Enforcement Program
ICE brochure on the Priority Enforcement Program (PEP), which enables DHS to work with state and local law enforcement to take custody of removable individuals convicted of an offense listed under the DHS civil immigration enforcement priorities or who poses a danger to public safety.
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.
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 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 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)
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.
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)
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)