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
CA2 Says Affidavits Do Not Suggest Egregious Constitutional Violations
The court denied the petitions for review, finding that the affidavits did not suggest egregious constitutional violations, as the day laborer petitioners were self-selected, and this could not support a basis for excluding the evidence. (Maldonado v. Holder, 8/14/14)
CA2 Says Written Warning on Asylum Application Satisfies Notice Requirement Under INA §208 (d)(4)(A)
The court held the BIA did not err in denying the adjustment application, as the petitioner received adequate notice of the consequences of filing a frivolous asylum claim through the written warning on the application, and the IJ did not need to warn him. (Niang v. Holder, 8/13/14)
CA2 Asks BIA for Redetermination of Particular Social Group Analysis for Albanian Women
The court vacated and remanded in consideration of In re M-E-V-G- and In re W-G-R-, which clarified the BIA’s interpretation of “particular social group,” in order to determine whether young Albanian women is a cognizable social group. (Paloka v. Holder, 8/7/14)
CA1 Declines to Review Withholding Denial for Guatemalan Petitioner
The court declined to review the withholding of removal denial, holding that substantial evidence supported the BIA’s findings that the petitioner did not establish past persecution or a clear probability of future persecution by the Guatemalan guerillas. (Bedoya v. Holder, 7/30/14)
CA5 Declines to Review Special Rule Cancellation Denial
The court concluded the government was not required to charge petitioner’s narcotics conviction in the NTA for that conviction to serve as a ground of inadmissibility for cancellation of removal for victims of domestic violence under INA §240A(b)(2). (Rodriguez-Benitez v. Holder, 8/13/14)
BIA Remands Record In Light of Pending U Visa Application
Unpublished BIA decision grants motion to remand in light of evidence submitted on appeal that respondent filed a U visa petition accompanied by required law enforcement certification. Special thanks to IRAC. (Matter of Urban, 8/13/14)
CA3 Declines to Review Withholding Denial for Mexican Gay Male with HIV
In a nonprecedential decision, the court found that substantial evidence supported the BIA’s conclusion that the petitioner failed to present adequate evidence linking harm from his uncle and the police officer in Mexico to his sexual orientation. (Gutierrez v. Att'y Gen., 8/12/14)
CA7 Says IJ’s Decision to Deny Cancellation Did Not Violate Due Process Rights
The court found jurisdiction under INA §242(a)(2)(D) to hold that as cancellation proceedings provide only discretionary relief, the IJ’s decision to deny cancellation did not violate any rights protected by the Fifth Amendment’s Due Process clause. (Adame v. Holder, 8/12/14)
CA2 Says Term of Imprisonment Under INA §101(a)(43)(G) Includes Recidivist Enhancements
The court held the BIA did not err in finding the petitioner removable, since it is the actual sentence imposed, including any recidivist enhancements applied, that is considered when determining the term of imprisonment under INA §101(a)(43)(G). (Dawkins v. Holder, 8/12/14)
CA1 Says IJ and BIA Did Not Adequately Explain El Salvador TPS Denial
The court vacated and remanded, finding that both the IJ and BIA failed to adequately explain the only finding they expressly made in considering the application for temporary protected status (TPS), which related to the date of petitioner’s entry. (Shul v. Holder, 8/11/14)
AILA Quicktake #95: University of Houston Law Center Prepares for Unaccompanied Children
In this Quicktake, AILA member and 2014 Elmer Fried Excellence in Teaching Award winner Geoffrey Hoffman discusses how the University of Houston's Law Center is spearheading efforts to help unaccompanied children placed in the area and how other AILA communities can get involved.
Video: On The Ground In Artesia
AILA members volunteering in Artesia share their on the ground experiences.
Board of Immigration Appeals Practice Manual
Updated version of the Board of Immigration Appeals Practice Manual, dated 8/8/14. Table of changes is listed on page 203.
DHS Update on Apprehensions Along Southwest Border
DHS press release on the number of apprehensions along the Southwest border between January 2014 and July 2014, reflecting a decrease in apprehensions of unaccompanied children and adults with children during the month of July.
DHS Declarations from High-Ranking Immigration Officers on Blanket Policy of “No Release”
DHS signed declarations from two high-ranking immigration officers, submitted in court filings, that explain that "active migration networks" must be stopped and to stop them, a blanket policy of “no release” is required for the recent surge in women and children coming across the southwest border.
CA8 Affirms Cancellation and Withholding Denials for Petitioner from The Gambia
The court held the BIA did not err in finding petitioner ineligible for cancellation, based on false marriage testimony in the adjustment interview, and also did not err in rejecting her withholding claim as a mother of daughters at risk for FGM in Gambia. (Goswell-Renner v. Holder, 8/7/14)
BIA Holds California Grant Theft Not a Fraud-Related Aggravated Felony
Unpublished BIA decision holds grand theft under Cal. Penal Code 487(b)(3) not an aggravated felony under INA 101(a)(43)(M)(i) because it does not entail taking with fraudulently obtained consent. Special thanks to IRAC. (Matter of Rodriguez, 8/7/14)
BIA Finds Salvadoran Respondent a Flight Risk but Sets Bond at $5,000
Unpublished BIA decision sustaining appeal and ordering respondent released on $5,000 bond, finding that although a flight risk, evidence of a fixed address, significant family ties in the U.S., and asylum claim provided incentive to appear at future proceedings. Courtesy of Ivan Yacub.
AILA Amicus Brief on Statutory Bar to Good Moral Character
AILA amicus brief filed with the Tenth Circuit arguing that a sentence reduction by the sentencing court is entitled to full faith and credit for purposes of calculating the 180-day confinement period found in the statutory bar to good moral character.
DOS Releases 15 Asylum Country Profiles To Settle FOIA Lawsuit
Asylum country profiles released by the Department of State in response to a FOIA lawsuit. Special thanks to David Cleveland.
AILA Quicktake #94: Accelerated Master Calendar Hearings for UACs
AILA Southern California Chair Heather Poole discusses due process violations happening as California accelerates master calendar notifications for unaccompanied children.
BIA Sustains Appeal in Cancellation of Removal Denial
The BIA held that false testimony given by respondent more than three years prior to entry of a final administrative order should not be considered in determining whether she is barred from establishing good moral character under INA §101(f)(6). Matter of M-L-M-A-, 26 I&N Dec. 360 (BIA 2014)
CA7 Says Warnings About Frivolous Asylum Bar Were Adequately Translated at Interview
The court held the BIA did not err in when it applied INA §208(d)(6), finding that although the petitioner had limited English proficiency, the interpreter at the asylum interview, who was also convicted of asylum fraud, adequately translated the warnings. (Albu v. Holder, 8/5/14)
CA7 Says IJ and BIA Applied Wrong Legal Standard and Misconstrued Evidence in Asylum Case
The court remanded, finding that the IJ and BIA applied the wrong legal standard in concluding petitioner was not persecuted in Belarus on account of her political opinion and misconstrued and disregarded important evidence. (Sobaleva v. Holder, 7/24/14)
CA2 Remands, Says IJ Applied Incorrect and Overly Stringent Legal Standard in Nepali Asylum Claim
The court remanded, finding that the IJ erred when it held the petitioner to the requirement of demonstrating that political opinion was the “central” as opposed to “at least one central” ground for persecution by the Nepali Maoists. (Acharya v. Holder, 8/5/14)