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 Quicktake #126: ICE Announcement on Family Detention
AILA's Director of Advocacy Greg Chen discusses Immigration and Customs Enforcement's (ICE) announcement of plans for “enhanced oversight for family residential centers.”
CA5 Says Bivens Actions Not Available for Claims That Can Be Addressed in Civil Immigration Removal Proceedings
The court held that the plaintiffs, undocumented immigrants who were involved in civil immigration enforcement actions, could not pursue Bivens claims against CBP agents for illegally stopping and detaining them. (De La Paz v. Coy, 5/14/15)
BIA Remands Petitioner’s Asylum Claim in Light of Recent PSG Decisions
Unpublished BIA decision finding remand is warranted for the IJ to reconsider the issue of whether the petitioner, who was abused as a child by her mother’s live-in boyfriend, was harmed on account of her membership in a particular social group (PSG). Courtesy of Diana M. Bailey.
ICE Announces Series of Actions Related to Family Detention Centers
ICE news release on actions it will be taking on oversight for family detention centers, including a review process for families detained beyond 90 days, providing dedicated work space for pro bono attorneys, designation of a senior ICE official to review facility policies, and other reforms.
Representatives Call for End to Family Detention
On 5/13/15, Representatives Luis V. Gutiérrez (D- IL), Lucille Roybal-Allard (D-CA), and Zoe Lofgren (D-CA) issued a statement calling on DHS to end its family detention policy after a new set of actions was announced by ICE.
DHS OIG Report on Collection of Prosecutorial Discretion Data
DHS OIG report titled “DHS Missing Data Needed to Strengthen Its Immigration Enforcement Efforts,” finding that “DHS may not be using its significant investment in immigration enforcement as efficiently as possible” and recommending that DHS collect data on the use of prosecutorial discretion.
CA8 Upholds BIA's Denial of Guatemalan Petitioner's Motion to Reopen
The court denied motion to reopen and motion to reconsider, finding that the Guatemalan petitioner did not demonstrate through evidence that the death of his friend in Guatemala reflected a change in country conditions there. (Martinez v. Lynch, 5/12/15)
AILA Quicktake #125: First Asylum Win in Dilley
AILA member and CARA Family Detention Pro Bono Project volunteer Kim Hunter shares the news of her client's asylum victory after her client was detained in the Dilley family detention facility.
BIA Finds LPR Who Adjusts Status In U.S. Is Not Barred from §212(h) Waiver Due to Aggravated Felony Conviction
The BIA held that a respondent who adjusted status in the U.S., and who has not entered as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h), as a result of an aggravated felony conviction. Matter of J-H-J-, 26 I&N Dec. 563 (BIA 2015)
CRS Report on State Challenges to Federal Enforcement of Immigration Law
A Congressional Research Service (CRS) report on state challenges to federal enforcement of immigration law, including historical precedents and pending litigation in Texas v. United States.
CA7 Reaffirms That 212(h) Waivers Are Not Available Nunc Pro Tunc
The court held that nunc pro tunc waivers under INA §212(h) are not available on a “stand alone” basis to a petitioner, and that a petitioner must request a waiver of inadmissibility in conjunction with an application for adjustment of status. (Palma-Martinez v. Lynch, 5/11/15)
Letter from Congress Calling for DHS Accountability on Immigration Enforcement Priorities
A 5/11/15 letter to Secretary Jeh Johnson from 39 members of Congress, requesting that DHS adhere to the November 2014 enforcement priorities, stating that ICE failed to apply, or inconsistently applies, mandated exceptions and, in some cases, even targeted individuals outside the priorities.
Sign-On Letter Calling for an End to Family Detention
A 5/11/15 sign-on letter from 188 organizations calling on President Obama to end the detention of children and mothers fleeing violence in Central America.
BIA Holds Pendency of State Court Dependency Hearing Constituted Good Cause for Continuance
Unpublished BIA decision holds that respondent established good cause for 90-day continuance by presenting notice of a state court hearing to determine his eligibility for Special Immigrant Juvenile status. Special thanks to IRAC. (Matter of R-S-P-, 5/11/15)
Judge Orders Rehearing in CA9 Decision that Overturned BIA's Decision in Almanza-Arenas
The court overturned a BIA published decision, holding that because the record was inconclusive as to whether petitioner was convicted of temporarily or permanently taking a vehicle, the BIA erred in applying the modified categorical approach. (Almanza-Arenas v. Holder, 11/10/14)
CA9 Upholds BIA’s Discretionary Determination Under Matter of Jean Standard
The court dismissed in part and denied in part the petition for review, holding that the BIA's discretionary decision that petitioner's sexual battery offense was a violent or dangerous crime was not subject to judicial review under 8 U.S.C. §1252(a)(2)(B). (Torres-Valdivias v. Lynch, 5/8/15)
CRS Report on Immigration Detainers
A Congressional Research Service (CRS) report on immigration detainers, including ICE detainer regulations and practices, state and local compliance, custody determinations, and constitutional issues.
BIA Finds Respondent Who Voted in Federal Election Removable Under the INA
The BIA held that a respondent who has voted in an election involving candidates for federal office in violation of 18 U.S.C. §611(a) is removable, whether or not the respondent knew that he or she was committing an unlawful act by voting. Matter of Fitzpatrick, 26 I&N Dec. 559 (BIA 2015)
BIA Rescinds in Absentia Order Due to Misadvice from ICE Officer
Unpublished BIA decision rescinds in absentia removal order in light of ICE officer’s misadvice that respondent could change venue to a different immigration court following her release from custody. Special thanks to IRAC. (Matter of Guzman, 5/7/15)
BIA Rescinds in Absentia Order Due to Misplaced Hearing Notice
Unpublished BIA decision finds that reopening and rescission of the in absentia removal order was warranted pursuant to INA §239(a)(2), in light of respondent’s argument that her grandmother misplaced the hearing notice. Special thanks to IRAC. (Matter of Alfaro, 5/6/15)
BIA Finds Circuit Remand Qualifies as Changed Circumstances for Bond Purposes
Unpublished BIA decision finds unopposed OIL motion to remand following appeal to Ninth Circuit qualifies as a material change in circumstances for purposes of respondent’s request for custody redetermination. Special thanks to IRAC. (Matter of Rodriguez Garcia, 5/6/15)
BIA Holds Possession of Child Pornography in California Is an Aggravated Felony
Unpublished BIA decision holds that possession of child pornography under California Penal Code §311.11(a) is categorically an aggravated felony. Special thanks to IRAC. (Matter of Calito, 5/5/15)
IJ Reverses and Terminates Removal Proceedings Due to Silva-Trevino Vacatur
The IJ found that the vacatur of Matter of Silva-Trevino removed the requirement that courts must examine the record of conviction whenever an overbroad statute encompasses both turpitudinous and non-turpitudinous conduct, regardless of the statute's structure. Courtesy of Brian Blackford.
EOIR Announces Launch of eInfo
EOIR press release announcing the launch of eInfo, a web-based application that allows registered attorneys and fully accredited representatives to view their clients’ case information and provides similar information currently available via the Automated Case Information Hotline.
Punch Line Material
Three cheers to Daniel M. Gerstein and Martina L. Melliand for their story (The forgotten cornerstone in the immigration reform debate) in The Hill yesterday regarding the forgotten child in the immigration reform debate: the immigration court. We hear endless stories about increased funding for ICE