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
CA7 Denies PTR Where Petition Was Focused Only on Underlying Denial
The court denied petition to review, because petition focused only on the underlying denial of his application for asylum and withholding, a ruling not properly before the court, and petitioner did not argue that the denial of his motion to reconsider was erroneous. (He v. Holder, 3/27/15)
BIA Holds North Carolina Cocaine Trafficking Statute Is Not an Aggravated Felony
Unpublished BIA decision holds trafficking in cocaine under N.C.G.S. §90-95(h)(3) is categorically not an aggravated felony, and upholds grant of LPR cancellation for respondent arrested with 400 grams of cocaine. Special thanks to IRAC. (Matter of V-M-B-B-, 3/27/15)
CA9 Reverses Denial of CAT Relief Based on Internal Relocation Regulations
The en banc court held that neither petitioner nor government bear the burden of proof as to internal relocation, rather such evidence, if relevant, must be considered in assessing whether it is more likely than not that petitioner would be tortured if removed. (Maldonado v. Holder, 3/27/15)
ICE Instructions for Seeking Prosecutorial Discretion under 2014 Executive Action
ICE instructions for individuals seeking prosecutorial discretion (PD) under the 11/20/14 enforcement priorities memo, including info for individuals with removal orders, individuals in proceedings before EOIR, reconsideration of prior PD decisions, and PD requests that should be directed to ERO.
AILA Vote Recommendations to the Senate Budget Resolution
AILA urged Senators to vote against immigration amendments to the budget resolution that would present no solution on immigration, require unnecessary/excessive spending on border security, and interfere with Executive Branch’s clear legal authority to implement reforms to the immigration system.
VOICE: April 2015
In the April 2015 VOICE, learn about the debate in the courts regarding the H-2B program, the positive impact that your participation in National Day of Action can make on immigration reform, librarians providing limited legal services as BIA-accredited representatives, and more!
USCIS Alert on Workload Transfer Within Service Center Operations
USCIS alert that effective 3/27/15, USCIS will transfer the adjudication of some cases to balance the overall workload. The affected cases include those filed with the following forms: I-129F, I-140, I-485, I-821D/I-765. The filing location and instructions for these forms will not change.
CA3 Upholds Finding That Sexual Orientation Was Not Central to Persecution
The court denied withholding of removal to a gay Honduran national who feared torture and death by an infamous gang, ruling that the gang was interested in petitioner’s money and recruitment potential and not in harming him because of his homosexuality. (Gonzalez-Posadas v. Holder, 3/26/15)
BIA Holds Possession of Marijuana with Intent to Deliver in North Carolina Is Not an Aggravated Felony
Unpublished BIA decision holds possession of marijuana with intent to deliver under North Carolina statute is not an aggravated felony, because it criminalizes the transfer of five grams of marijuana for no remuneration. Special thanks to IRAC. (Matter of Garcia Olvera, 3/25/15)
FOIA Results from Request Regarding Stewart Immigration Court
FOIA results from a request for information regarding the Stewart Immigration Court in Lumpkin, Georgia. Special thanks to the South Florida AILA Chapter.
EOIR Releases Memo on UAC and Family Docketing Practices
EOIR memo with updated docketing practices related to unaccompanied children cases and adults with children released on alternatives to detention cases in light of new priorities. This memo supersedes the 9/10/14 Docketing Practices memo.
BIA Says Bond Redetermination Rules are Mandatory, Not Jurisdictional
The BIA held that 8 CFR §1003.19(c) relates to venue and thus, the IJ erred in dismissing Respondent’s bond redetermination request for lack of jurisdiction when he was transferred to a detention center outside the court’s jurisdiction. Matter of Cerda Reyes, 26 I&N Dec. 528 (BIA 2015)
CA10 Finds Petitioner Was Subject to Mandatory Detention
The court denied the petition for review, finding petitioner was not entitled to a bond hearing due to the BIA’s interpretation of §236(c) and because the government had a continued duty to impose detention even if it failed to detain him in a timely manner. (Olmos v. Holder, 3/24/15)
Statement by ICE Director Saldana Clarifying Testimony on Secure Communities
Statement by ICE Director Sarah Saldana stating that she supports the end of the Secure Communities program and the replacement of it with a new Priority Enforcement Program.
BIA Finds IJ Should Consider Explanation for Absence of Evidence But Is Not Required to Identify Specific Evidence Needed
The BIA found that an IJ is not required to identify the specific evidence necessary to meet the burden of proof or to provide an automatic continuance for applicant to obtain that evidence prior to making a decision on that application. Matter of L-A-C-, 26 I&N Dec. 516 (BIA 2015)
CA8 Upholds Denial of a 13th Continuance for Petitioner with Sham Marriage
The court found that BIA did not abuse its discretion in denying a 13th continuance, where the petitioner was found to have entered into a sham marriage, never appealed that finding, and presented no evidence of any likelihood of an I-130 approval. (Mogeni v. Holder, 3/9/15)
EOIR Outlines Legal Standard for Evaluating “Reason to Believe”
Unpublished EOIR decision finding that an arriving immigrant must show through evidentiary factors that there is not "reasonable, substantial, and probative" evidence that supports an officer or IJ having a "reason to believe" he is knowingly involved in drug trafficking. Courtesy of Marshal Hyman.
BIA Holds Advance Parole Form Is Not Valid Entry Document
Unpublished BIA decision holds Form I-512L (Authorization for Parole of an Alien Into the United States) is not a "valid entry document" under INA §212(a)(7)(A)(i)(I). Special thanks to IRAC. (Matter of Abraham, 3/19/15)
BIA Reverses Finding of Inadmissibility for Alien Smuggling
Unpublished BIA decision finds respondent was not inadmissible for alien smuggling based on his conviction under INA §274(a)(1)(A)(ii), because the criminal statute requires a mens rea of recklessness rather than actual knowledge. Special thanks to IRAC. (Matter of Martinez, 3/19/15)
DHS Releases a Privacy Impact Assessment on ICE’s Use of License Plate Readers
DHS released a privacy impact assessment on how ICE’s intends to procure the services and use of information obtained from license plate readers (LPRs) as an investigatory tool in support of its criminal investigations and civil immigration enforcement actions.
BIA Finds Change in HIV Status Constitutes a Material Change
Unpublished BIA decision remands after finding that the respondent met his burden of establishing that the diagnosis of HIV-positive constitutes a material change in his circumstances as a gay man in that his HIV-positive status would increase his risk of persecution in Jamaica.
Practice Advisory on Prosecutorial Discretion and How to Advocate for Your Client
The American Immigration Council updated its practice advisory, Prosecutorial Discretion: How to Advocate for Your Client, which provides practical tips for attorneys seeking to persuade DHS officers to exercise prosecutorial discretion in favor of their clients.
ICE Announces New Procedures for Custody Determinations Involving Detainees with Criminal Convictions
ICE news release providing enhanced policies and procedures with regard to the potential release of individuals with a criminal conviction from detention.
Prosecutorial Discretion Requests under the Johnson Enforcement Priorities Memorandum
AIC and AILA provide a practice advisory on the 11/20/14 memo on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, which discusses DHS’s new enforcement priorities, exceptions to the priorities, use of detention, and implementation.
National Sign-On Letter Calling on the President to End Family Detention
A 3/17/15 national sign-on letter calling on President Obama to revisit family detention in light of federal district court injunction against detaining to deter and strong new evidence that detained mothers and children are asylum seekers.