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 #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.
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)
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.
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.
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.
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)
AILA Quicktake #93: Legislative Update
AILA Senior Associate Director of Advocacy Bob Sakaniwa provides an update on the legislative activities that happened last week before Congress went on a five-week recess.
TRAC Report Finding Rise in Asylum Denial Rates
Transactional Records Access Clearinghouse (TRAC) report finding that the odds of an asylum claim being denied in immigration court has risen to 50.2 percent during the first nine months of 2014. Report includes 270 accounts on each immigration judge with at least 100 asylum decisions since FY2009.
DHS OIG Report on ICE’s Release of Immigration Detainees
DHS Office of Inspector General (OIG) report on factors influencing ICE’s decision to release 2,226 immigration detainees in 2013, with recommendations for improving transparency in funding sources for managing detention bed space and for reporting ICE budget expenditures.
USCIS DACA Toolkit for Community Partners
USCIS provided a Deferred Action for Childhood Arrivals (DACA) toolkit for community partners, including a program overview, a “how do I” guide, FAQs, and list of federal government resources pertaining to DACA. DACA renewal information is included.
AILA Quicktake #92: Refusing Bond for Central American Detainees
AILA Past President Laura Lichter joins us via Skype from Artesia, NM, where she is working on the ground to help Central American refugees at the family detention center. She discusses why bond should be allowed for detainees in the center.
CA1 Declines to Review MTR for Christian Asylum Seeker from Indonesia
The court declined to review the motion to reopen (MTR), concluding that the BIA did not abuse its discretion in finding that the petitioner’s new evidence was largely cumulative and thus did not establish changed country conditions in Indonesia. (Sugiarto v. Holder, 8/1/14)
CA10 Holds BIA Did Not Abuse its Discretion in Affirming IJ’s Dismissal of Cancellation Application
The court found the IJ acted within his authority under §1003.47(c) to determine that petitioner’s failure to complete the biometrics requirement and provide supporting documentation for his cancellation application, after two years, constituted abandonment. (Ramirez-Coria v. Holder, 8/1/14)
AILA: U.S. Shamefully Detaining Families Seeking Asylum with "Bond" Rule
AILA’s President Leslie Holman discusses the U.S. government’s decision to refuse release on bond of Central American mothers and children. “They should be permitted to seek the comfort and stability of life outside a detention facility while they wait for a fair decision.”
DHS OIG Memo on Site Visits for UACs in DHS Custody
DHS OIG memo on 87 unannounced site visits conducted from July 1-16, 2014, at 63 detention centers along U.S. southern border, concerning detention conditions for unaccompanied alien children (UAC) in DHS custody. Memo includes checklist, findings, and suggestions.